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8. Offences
against prisoners
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Article 46-Sexual
offences
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| 46.1 |
Rape |
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Rape is where a prisoner is forced into sexual activity, in particular sexual penetration, against his or her knowing consent through use of physical force, threat of injury, or other duress. |
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Primary Fact(s) |
| 1. That the victim and the accused came into physical sexual contact; |
| 2. That the prisoner(s) were/was in custody of the armed forces of United America under the rules of this Military Code. |
| 3. That the victim did not give/or withdrew their consent for the contact; |
| 4. That the accused ignored such non-consent of the victim and proceeded with the sexual contact; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) committed by a group of persons with no grievous harm; |
4-6 |
a) entailing the infection of the victim with a venereal decease; |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) committed by a group of persons with injury;
b) committed repeatedly or by a person who has earlier committed violent sexual actions; |
4-6 |
a) committed by a group of persons under a preliminary conspiracy, or an organized group;
b) entailing, by negligence, the infliction of grave injury to the victim;
c) entailing the infection of the victim with HIV, or other grave consequences;
d) of a victim who obviously has not attained 14 years of age, |
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Penalty Conditions (Level 6-Offence) |
Type |
Condition(s) |
1-3 |
a) entailing, by negligence, the death of the victim;
b) connected with the threat of murder or the infliction of grave injury;
c) committed with especial cruelty towards the victim or to other persons;
d) committed repeatedly or by a person who has committed rape previously; |
4-6 |
a) of a victim who obviously has not attained 8 years of age,
b) entailing the intentional death of the victim and their torture;
c) entailing the kidnap and death of the victim; |
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