Section 268.17 Criminal Code Act | Crimes Against Humanity Forced Pregnancy


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The Legislation

Section 268.17 of the Criminal Code Act 1995 (Cth) is Crimes Against Humanity Forced Pregnancy and is extracted below.

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268.17  Crime against humanity—forced pregnancy

(1)  A person (the perpetrator) commits an offence if:

(a)  the perpetrator unlawfully confines one or more women forcibly made pregnant; and

(b)  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

(c)  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 subsection (1):

forcibly made pregnant includes made pregnant by a consent that was affected by deception or by natural, induced or age-related incapacity.

(3)        To avoid doubt, this section does not affect any other law of the Commonwealth or any law of a State or Territory.