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Element:

6.b.i. [Mental element for Element 3] [Consequence of causing a person or persons to engage in an act of a sexual nature:] The perpetrator was aware that he or she would cause a person or persons to engage in an act of a sexual nature in the ordinary course of events; OR

P.34. Evidence inferred from a utterance, a document or a deed.

P.34.1. Evidence of subjecting one or more persons to forced nudity.

P.34.2. Evidence offorcing a person or persons to perform exercices naked in public.

P.34.3. Evidence offorcing a person or persons to march around naked in public.

A. Legal source/authority and evidence:

[B. Evidentiary comment:]

P.34.4. Evidence of forcing a person or persons to dance and strip naked in public.

A. Legal source/authority and evidence:

Special Rapporteur on Contemporary Forms of Slavery, Systematic Rape, Sexual Slavery and Slavery-Like Practices during Armed Conflict, 22 June 1998, U.N. Doc. E/CN.4/Sub.2/1998/13 para. 21:

“21. […] Sexual violence covers both physical and psychological attacks directed at a person's sexual characteristics, such as forcing a person to strip naked in public, mutilating a person's genitals, or slicing off a woman's breasts. [Human Rights Watch, Shattered Lives: Sexual Violence during the Rwandan Genocide and its Aftermath, New York, (1996) p. 62.]”

[B. Evidentiary comment:]

P.34.5. Evidence of forcing a person or persons to bathe the perpetrator.

P.34.6. Evidence of forcing one or more persons to have sexual intercourse.

P.34.7. Evidence of forcing one or more persons to commit incest.

A. Legal source/authority and evidence:

Prosecutor v. Zejnil Delalić et al., Case No. IT-96-21-T, Judgement (TC), 16 November 1998, paras. 1065-1066:

[B. Evidentiary comment:]

P.34.8. Evidence of forcing one or more persons to dress in provocative clothing.

P.35. Evidence inferred from a circumstance.

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