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(b)
(c)
the perpetrator knows of, or is reckless as to, the lack of consent; 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.
(3)
In this section—
“consent” means free and voluntary agreement.
(4) 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)
(5)
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—
“sexually penetrate” means—
(a)
(b)
(c)
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
penetrate (to any extent) the mouth of a person by the penis of another person; or
continue to sexually penetrate as defined in paragraph (a) or (b).
(6) 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.
(7) 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.
Crime against humanity—sexual slavery
89.—(1) A person (the perpetrator) commits an indictable offence if—
(a)
(b)
(c)
the perpetrator causes another person to enter into or remain in sexual slavery; and
the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; 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) 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)
(b)
(3)
is not free to cease providing sexual services; or
is not free to leave the place or area where the person provides sexual services.
In this section—
“sexual service” means the use or display of the body of the person providing the service for the sexual
gratification of others.