4.c. [Mental element for Element 3] Circumstance of forcible pregnancy: The perpetrator was aware that the woman or women had forcibly been made pregnant.

4.c. [Mental element for Element 3] Circumstance of forcible pregnancy: The perpetrator was aware that the woman or women had forcibly been made pregnant.

A. Evidentiary comment:

Evidence showing the perpetrator’s awareness that a woman had forcibly been made pregnant could constitute evidence showing that the perpetrator was aware of rape and subsequent confinement, artificial insemination, the limitation of reproductive choice, or general elements of force as listed in P.6 – P.8 above. Since there is not yet any case law regarding forced pregnancy, the corresponding means of proof below are taken from rape, article 7 (1) (g) of the Rome Statute.