Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p236
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 236/268)
Character Range: 970586–973221

offence if:
 (a) the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the other person; and
 (b) the perpetrator knows about, or is reckless as to, the lack of consent; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
 (3) In this section:
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.
 (4) In this section:
sexually penetrate means:
 (a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or
 (b) penetrate (to any extent) the mouth of a person by the penis of another person; or
 (c) continue to sexually penetrate as defined in paragraph (a) or (b).
 (5) In this section, being reckless as to a lack of consent to sexual penetration includes not giving any thought to whether or not the person is consenting to sexual penetration.
 (6) In this section, the genitalia or other parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.

268.60  War crime—sexual slavery
 (1) A person (the perpetrator) commits an offence if:
 (a) the perpetrator causes another person to enter into or remain in sexual slavery; and
 (b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; and
 (c) the perpetrator's conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
 (2) For the purposes of this section, sexual slavery is the condition of a person who provides sexual services and who, because of the use of force or threats:
 (a) is not free to cease providing sexual services; or
 (b) is not free