Criminal Code Act 1995

A person (the perpetrator) commits an offence if:

the perpetrator does either of the following:

commits an act or acts of a sexual nature against one or more persons;

causes one or more persons to engage in an act or acts of a sexual nature;

the perpetrator’s conduct is of a gravity comparable to the offences referred to in sections 268.59 to 268.63; and

the conduct takes place in the context of, and is associated with, an international armed conflict.

Strict liability applies to paragraph (1)(b).

In subsection (1):

the person submits to the act because of force or the fear of force to the person or to someone else;

the person submits to the act because the person is unlawfully detained;

the person is asleep or unconscious, or is so affected by alcohol or another drug as to be incapable of consenting;

the person is incapable of understanding the essential nature of the act;

the person is mistaken about the essential nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic purposes);

the person submits to the act because of psychological oppression or abuse of power;

the person submits to the act because of the perpetrator taking advantage of a coercive environment.

a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power; or

taking advantage of a coercive environment.

In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person is consenting to the act or acts of a sexual nature.