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6. Offences
against a human being
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Article 52-Sexual
offences
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| 52.1 |
Rape |
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Rape is where the victim 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 victim did not give/or withdrew their consent for the contact; |
| 3. That the accused ignored such non-consent of the victim and proceeded with the sexual contact; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) committed by an adult in an established consentual sexual relationship to their adult spouse with no grievous harm; |
4-6 |
a) committed by an adult to another adult immediately after or during consenting sexual relations with no grievious harm; |
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Penalty Conditions (Level 4-Crime) |
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-Crime) |
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-Crime) |
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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| 52.2 |
Sexual depravity |
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Sexual depravity is when a person of adult age engages in claimed consentual intimate sexual relations with a person under the age of 14, whether or not such relations involves penetration or not, but with clear actions of a sexually provocative nature. |
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Primary Fact(s) |
| 1. That the victim and the accused came into contact in a sexually provocative nature; |
| 2. That the victim was at or under the age deemed lawful for such contact to be made, whether or not consent was given by the victim; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) committed by an adult under the age of 20; |
4-6 |
a) committed by an adult under the age of 23; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) entailing the pregnancy of the victim; |
4-6 |
b) committed by a present or former teacher and/or tutor of the victim; |
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Penalty Conditions (Level 5-Crime) |
Type |
Condition(s) |
1-3 |
a) entailing the infection of the victim with a venereal decease;
b) committed repeatedly or by a person who has earlier been convicted of sexual offences;
c) committed following an abduction against the permission and wishes of parents/guardians of the victim; |
4-6 |
a) committed by a present or former guardian of the victim;
b) entailing the infection of the victim with HIV, or other grave consequences; |
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