CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 7 Crimes against humanity » Art. 7(1)(g)(1) Rape
Art. 7(1)(g)(1) Crime against humanity of rape
- 1. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
- 2. [Mental element, specific] The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
- 3. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction
- 4. [Mental element for element 3] [Circumstance of context] The perpetrator was aware that the conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction
- 5. The perpetrator invaded the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any ot
- 6. The invasion was committed 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 another person, or by taking advantage of a coercive
- 7.a. [Mental element for Element 5] [Conduct of invading]: The perpetrator meant to invade the body of a person resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or ge
- 7.b.i. [Mental element for Element 5] [Consequence of invading]: The perpetrator meant to invade the body of a person resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal
- 7.b.ii. [Mental element for Element 5] [Consequence of invading]: The perpetrator was aware that the invading of the body, resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the
- 8.c [Mental element for Element 6] [Circumstance of force, threat of force or coercion]: The perpetrator was aware that the invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psy
