CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 7 Crimes against humanity » Art. 7(1)(g)(3) Enforced prostitution
Art. 7(1)(g)(3) Crime against humanity of enforced prostitution
- 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 caused one or more personsto engage in one or more acts 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
- 6. The perpetrator or another person obtained or expected to obtain pecuniary or other advantage in exchange for or in connection with the acts of a sexual nature.
- 7.a. [Mental element for Element 5] [Conduct of causing a person or persons to engage in an act of a sexual nature:] The perpetrator meant to cause a person or persons to engage in an act of a sexual nature.
- 7.b.i. [Mental element for Element 5] [Consequence of causing a person or persons to engage in an act of a sexual nature:] The perpetrator meant to cause a person or persons to engage in an act of a sexual nature; OR
- 7.b.ii. [Mental element for Element 5] [Consequence of causing a person or persons to engage in an act of a sexual nature:] The perpetrator was aware that he or she would cause a person or persons to engage in an act of a sexual nature in the ordinary cou
- 7.c. [Mental element for Element 5] [Circumstance of force, threat of force or coercion or taking advantage of a coercive environment or of a person's incapacity to give genuine consent:] The perpetrator was aware that he or she caused a person or persons
- 8.b.i [Mental element for Element 6] [Conduct of obtaining or expecting pecuniary or other advantage:] The perpetrator meant to obtain pecuniary or other advantage in exchange for or in connection with the acts of sexual nature; OR
- 8.b.ii. [Mental element for Element 6] [Consequence of obtaining pecuniary or other advantage:] The perpetrator meant to cause himself or herself to obtain pecuniary or other advantage in exchange for or in connection with the acts of sexual nature.
- 8.b.c. [Mental element for Element 6] [Circumstance of another person obtaining or expecting pecuniary or other advantage:] The perpetrator was aware that another person obtained or expected to obtain a pecuniary or other advantage in exchange for or in c
