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8. Offences against prisoners
 
  Article 46-Sexual offences  
46.1 Rape  
  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.  
 
 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 Americas Union 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;
 
 
 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;
 
 
 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,
 
 
 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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