1063 (2) In sub-section (1)— “forcibly made pregnant” includes made pregnant by a consent that was affected by deception or by natural, induced or age-related incapacity. Crime against humanity—enforced sterilisation 92.—(1) A person (the perpetrator) commits an indictable offence if — (a) (b) (c) (d) the perpetrator deprives one or more persons of biological reproductive capacity; and the deprivation is not effected by a birth‑control measure that has a non‑permanent effect in practice; and 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 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” does not include consent effected by deception or by natural, induced or age-related incapacity. Crime against humanity—sexual violence 93.—(1) A person (the perpetrator) commits an indictable 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) (c) the perpetrator’s conduct is of a gravity comparable to the offences referred to in sections 88 to 92; 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) 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 “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.