5.b.i. [Mental element for Element 1] 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 anal or genital opening of the victim with any object or any other part of the body would occur in the ordinary course of events; OR

P.18. Evidence inferred from an utterance, a document or a deed.

P.19. Evidence inferred from a circumstance.

5.b.i. [Mental element for Element 3] 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 or genital opening of the victim with any object or any other part of the body.

P.18. Evidence inferred from an utterance, a document or a deed.

A. Legal source/authority and evidence:

Prosecutor v. Dragoljub Kunarac et al., Cases No. IT-96-23-T and IT-96-23/1-T, Judgement (TC), 22 February 2001, paras. 654, 759:

"654. The accused acted intentionally and with the aim of discriminating between the members of his ethnic group and the Muslims, in particular its women and girls. The treatment reserved by Dragoljub Kunarac for his victims was motivated by their being Muslims, as is evidenced by the occasions when the accused told women, that they would give birth to Serb babies, or that they should "enjoy being fucked by a Serb". The law does not require that the purpose of discrimination be the only purpose pursued by the offender; it is enough that it forms a substantial part of his mens rea. Such was the case with the accused Kunarac."

"759. The Trial Chamber is satisfied that the allegations made in paragraphs 11.3 of the Indictment have all been proved beyond reasonable doubt. The Trial Chamber finds that FWS-75 and A.B. were detained in Radomir Kovac’s apartment for about a week, starting sometime at the end of October or early November 1992. The Trial Chamber finds that the accused Radomir Kovac had sexual intercourse with the two women in the knowledge that they did not consent, and that he substantially assisted other soldiers in raping the two women. He did this by allowing other soldiers to visit his apartment and to rape the women or by encouraging the soldiers to do so, and by handing the girls over to other men in the knowledge that they would rape them and that the girls did not consent to the sexual intercourse. Finally , the Trial Chamber is satisfied that it has been proven beyond reasonable doubt that, after about a week, Kovac handed the two women over to other soldiers whom he knew would most likely continue to rape and abuse them. Kovac eventually sold A.B. to an unidentified soldier, and handed over FWS-75 to DP 1, in the almost certain knowledge that they would be raped again."