Section 268.85 Criminal Code Act | National War Crime Forced Pregnancy


The Legislation

Section 268.85 of the Criminal Code Act 1995 (Cth) is National War Crime Forced Pregnancy and is extracted below.

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268.85  War crime—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 takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

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.