5.a. [Mental element for Element 3] [Conduct of invading]: The perpetrator meant to invade the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body.

5.a. [Mental element for Element 3] [Conduct of invading]: The perpetrator meant to invade the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body.

As noted by ICC Trial Chamber in The Prosecutor v. Jean-Pierre Bemba Gombo:

"As the Statute and the Elements of Crimes do not provide a particular mental element for the crime of rape, the Article 30 requirements of intent and knowledge apply.

As to the requirement of "intent", it must be proven that the perpetrator intentionally committed the act of rape. Intent will be established where it is proven that the perpetrator meant to engage in the conduct in order for the penetration to take place.

As to the requirement of "knowledge", it must be proven that the perpetrator was aware that the act was committed by force, by the threat of force or coercion, by taking advantage of a coercive environment, or against a person incapable of giving genuine consent. " [1]

In Sesay et al., the Trial Chamber stated that the mens rea required that :

"the invasion was intentional and that it was done in the knowledge that the victim was not consenting."[2]