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CILRAP » Case Matrix Network » CMN Knowledge Hub » Elements Digest » Art. 8 War crimes » Art. 8(2)(b) War crimes » Art. 8(2)(b)(xxii)-6 Sexual violence » 6.c. [Mental element for Element 3][Circumstance of force, threat or force or coercion]: The perpetrator was aware that he or she would commit an act of a sexual nature or would cause a person or persons to engage in an act of a sexual nature by force, or

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3. The perpetrator committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person's or persons' incapacity to give genuine consent

3.1. The perpetrator committed an act of a sexual nature against one or more person; OR

3.2. The perpetrator caused such person or persons to engage in an act of a sexual nature.

3.3. The perpetrator's or victim's acts of a sexual nature occurred through force, threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person's or persons' incapacity to give genuine consent.

3.3.1. Evidence of use of force

3.3.2. Evidence of threat of force.

3.3.3. Evidence of detention.

3.3.4. Evidence of psychological oppression.

3.3.5. Evidence of abuse of power.

3.3.6. Evidence of a coercive environment.

3.3.7. Evidence of incapacity to give genuine consent.

Element:

6.c. [Mental element for Element 3][Circumstance of force, threat or force or coercion]: The perpetrator was aware that he or she would commit an act of a sexual nature or would cause a person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, or by taking advantage of a coercive environment or such person's or persons' incapacity to give genuine consent

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