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“threat” means—
(a)
(b)
(c)
a threat of force; or
a threat to cause a person’s deportation; or
a threat of any other detrimental action unless there are reasonable grounds for the threat of that action
in connection with the provision of sexual services by a person.
Crime against humanity—enforced prostitution
90.—(1) A person (the perpetrator) commits an indictable offence if—
(a)
(b)
(c)
the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the
consent of the person or persons, including by being reckless as to whether there is consent; and
the perpetrator intends that he or she, or another person, will obtain pecuniary or other advantage in
exchange for, or in connection with, the acts of a sexual nature; and
the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic
attack directed against a civilian population.
Penalty — Imprisonment for 25 years.
(2) In sub-section (1)—
“consent” means free and voluntary agreement.
(3) Without limiting the generality of the references to consent in this section, a person does not consent to an
act if—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(4)
the person submits to the act because of force or the fear of force to the person or to someone else;
the person submits to the act because the person is unlawfully detained;
the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of
consenting;
the person is incapable of understanding the essential nature of the act;
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);
the person submits to the act because of psychological oppression or abuse of power;
the person submits to the act because of the perpetrator taking advantage of a coercive
environment.
In this section “threat of force or coercion” includes—
(a)
(b)
a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological
oppression or abuse of power; or
taking advantage of a coercive environment.
(5) In sub-section (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 or persons are consenting to engaging in the act or acts
of a sexual nature.
Crime against humanity—forced pregnancy
91.—(1) A person (the perpetrator) commits an indictable offence if —
(a)
(b)
(c)
the perpetrator unlawfully confines one or more women forcibly made pregnant; and
the perpetrator intends to affect the ethnic composition of any population or to destroy, wholly or
partly, a national, ethnical, racial or religious group, as such; and
the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic
attack directed against a civilian population.
Penalty — Imprisonment for 25 years.