Section 268.85 Criminal Code Act | National War Crime Forced Pregnancy


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

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

The Legislation

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.

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