Section 268.61 Criminal Code Act | International War Crime Enforced Prostitution


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Section 268.61 of the Criminal Code Act 1995 (Cth) is International War Crime Enforced Prostitution and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your International War Crime Enforced Prostitution matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

268.61  War crime—enforced prostitution

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

(a)  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

(b)  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

(c)  the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:  Imprisonment for 25 years.

(2)  In subsection (1):

consent means free and voluntary agreement.

The following are examples of circumstances in which a person does not consent to an act:

(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.

threat of force or coercion includes:

(a)  a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or

(b)  taking advantage of a coercive environment.

(3)  In subsection (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 is consenting to the act or acts of a sexual nature.

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