President Andrzej Duda signed a bill that introduces crucial changes to the definition of rape contained in the Polish Criminal Code. The amendment, adopted on 28 June, aims to make the rape crime more precise, taking into account in the definition the deficiency of consent of the victim as a key prerequisite. These changes represent an crucial step towards expanding protection of victims of sexual crime in Poland.
New definition of rape
One of the most crucial changes introduced by the fresh law is the change in the content of Article 197(1) of the Criminal Code. The erstwhile definition, dating back to 1932, reads: “Who leads another individual to surrender to fornication... is subject to imprisonment.” However, this archaic expression did not full reflect the realities of modern sex crimes and frequently did not defend victims who were incapable to express active opposition.
The fresh wording of Article 197 § 1 k.k. introduces a key change to the definition of rape: “Whoever brings another individual to sexual intercourse with violence, unlawful danger, deceit or otherwise, despite its deficiency of consent is subject to imprisonment from 2 to 15 years.” In line with this amendment, the deficiency of consent of the victim, whether physical violence, threats or deception, becomes a key component of the rape crime. Thus, the legislator acknowledges that any form of sexual coercion is simply a crime if it is done without the informed consent of the another person.
Reason for non-approval
The amendment besides introduces fresh paragraphs in Article 197 k.k., which aim to penalise situations in which the victim is incapable to consent to a sexual act due to his psychophysical condition. The added § 1a reads: “The same punishment is subject to who leads another individual to sexual intercourse utilizing the deficiency of the ability to admit the meaning of the act or to guide his conduct.” The intent of this provision is to defend people who, for various reasons, e.g. due to alcohol intoxication, intoxication or intellectual illness, are incapable to make informed decisions about consenting to a sexual act.
It is worth noting that § 1a of Art. 197 k.k. refers to situations in which the victim is not full able to admit the meaning of the act or to direct his actions. In specified cases, a rape crime occurs even without the request to show physical force or threats.
Amendments to Article 198 of the Criminal Code
As a consequence of the amendment of Article 197 of the Code of Criminal Procedure, the content of Article 198 of the Criminal Code, which concerns sexual offences committed against persons who are helpless or in a state of intellectual impairment, has besides been amended. The fresh wording of Article 198 k.k. reads: ‘Who, utilizing the helplessness of another individual or resulting from a intellectual illness, intellectual illness or another intellectual disorder, importantly reduces his or her ability to recognise the meaning of an act or to direct his or her conduct, leads him or her to sexual intercourse or to engage in any another sexual activity or to execute specified activity, shall be subject to imprisonment from 6 months to 8 years.’
This provision aims to defend persons who, despite any degree of awareness, are in a state of alcohol intoxication, intoxication or any another condition that disturbs their decision-making capacity. The amendment points out that obtaining consent under specified conditions may be defective, and the perpetrator, acting contrary to the interests of the victim, bears criminal liability.
Consequences of the amendment
The amendments to the Criminal Code besides entailed the request to amend the provisions in 3 another laws: the Act on the Protection and Assistance of the Victim and the Witness, the Act on the Prevention of Sexual Crime Threats and the Protection of Minors, and the Act on the Support and Resocialisation of Minors. The fresh government aims to make a more comprehensive strategy for the protection of victims of sexual crimes, as well as to increase efficiency in the prosecution and punishment of perpetrators.
The fresh definition of rape, which will take effect six months after the date of publication in the authoritative diary of the Laws, is an crucial step towards improving the legal situation of victims of sexual force in Poland. These changes aim to rise public awareness of sexual consent and to rise standards of legal protection for those who experience sexual violence.
Summary
The amendment of the Criminal Code, signed by president Andrzej Duda, is an crucial step towards a fairer treatment of victims of sexual crimes. The introduction to the definition of rape of the grounds for non-approval and the extension of the legal protection of persons incapable to make informed decisions on sexual acts is an crucial strengthening of the protection of human rights in Poland. This law introduces long-awaited changes that may have a crucial impact on the future of Polish justice in the context of sexual crimes.
Continued here:
A fresh definition of rape with the signature of Duda
