5.The perpetrator caused one or more personsto engage in one or more acts of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person's or persons' incapacity to give genuine consent.

5.1.The perpetrator caused one or more persons to engage in an act of a sexual nature.

5.2.The perpetrator's or victim's acts of a sexual nature occurred through force, threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person's or persons' incapacity to give genuine consent.

5.2.1.Evidence of use of force.

5.2.2.Evidence of threat of force.

5.2.3.Evidence of detention.

5.2.4.Evidence of psychological oppression.

5.2.5.Evidence of abuse of power.

5.2.6.Evidence of coercive environment.

5.2.7.Evidence of incapacity to give genuine consent.

5. The perpetrator caused one or more persons to engage in one or more acts of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person's or persons' incapacity to give genuine consent.

5.1. The perpetrator caused one or more persons to engage in an act of a sexual nature.

5.2. The perpetrator's or victim's acts of a sexual nature occurred through force, threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person's or persons' incapacity to give genuine consent.

ICTY

The Trial Chamber in Kunarac et al. held that the offence of rape:

"[I]s accompanied by force or threat of force to the victim or a third party [...] or a variety of other specified circumstances which made the victim particularly vulnerable or negated her ability to make an informed refusal."[1]

SCSL

In Taylor, the Trial Chamber concurred with the Appeals Chamber in Kunarac et al. that:

"The consent of the victim must be given voluntarily, as a result of the victim's free will, assessed in the context of the surrounding circumstances. This is necessarily a contextual assessment. However, in situations of armed conflict or detention, coercion is almost universal. Force or the threat of force provides clear evidence of non-consent, but force is not an element per se of rape and there are factors other than force which may render an act of sexual penetration non-consensual or non-voluntary on the part of the victim. 'Continuous resistance' by the victim, physical force or even threat of force by the perpetrator are not required to establish coercion. A person may be incapable of giving genuine consent if affected by natural, induced or age related incapacity."[2]

5.2.1. Evidence of use of force.

5.2.2. Evidence of threat of force.

5.2.3. Evidence of detention.

5.2.4. Evidence of psychological oppression.

5.2.5. Evidence of abuse of power.

5.2.6. Evidence of coercive environment.

5.2.7. Evidence of incapacity to give genuine consent.