Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p252
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 252/268)
Character Range: 1010354–1013019

is not effected by a birth‑control measure that has a non‑permanent effect in practice; and
 (c) the perpetrator's conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons; and
 (d) the perpetrator's conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
 (2) In subsection (1):
consent does not include consent effected by deception or by natural, induced or age‑related incapacity.

268.87  War crime—sexual violence
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator does either of the following:
 (i) commits an act or acts of a sexual nature against one or more persons;
 (ii) causes one or more persons to engage in an act or acts of a sexual nature;
  without the consent of the person or persons, including by being reckless as to whether there is consent; and
 (b) the perpetrator's conduct is of a gravity comparable to the offences referred to in sections 268.82 to 268.87; and
 (c) the conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.
Penalty: Imprisonment for 25 years.
 (2) Strict liability applies to paragraph (1)(b).
 (3) In subsection (1):
consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act:
(a) the person submits to the act because of force or the fear of force to the person or to someone else;
(b) the person submits to the act because the person is unlawfully detained;
(c) the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;
(d) the person is incapable of understanding the essential nature of the act;
(e) the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);
(f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
threat of force or coercion includes:
 (a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against the person or another person; or
 (b) taking advantage of a coercive environment.
 (4) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person