'Sexual slavery - crimes against humanity' in document 'Australia: ICC (Consequential Amendments) Act 2002'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Schedule 1—Amendment of the Criminal Code Act 1995

Chapter 8—Offences against humanity and related offences

Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court

Subdivision C—Crimes against humanity


268.15 Crime against humanity—sexual slavery

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

(a) the perpetrator causes another person to enter into or remain in sexual slavery; and
(b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; 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) For the purposes of this section, sexual slavery is the condition of a person who provides sexual services and who, because of the use of force or threats:

(a) is not free to cease providing sexual services; or
(b) is not free to leave the place or area where the person provides sexual services.

(3) In this section:
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
threat means:

(a) a threat of force; or
(b) a threat to cause a person’s deportation; or
(c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person.

RELEVANT ROME STATUTE PROVISIONS

Article 7
Crimes against humanity
1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity