The Sejm adopted an amendment to the Criminal Code, which makes it a crime to cause sexual intercourse despite the other person’s lack of consent. The perpetrator of rape will be sentenced to two to fifteen years in prison. Doubts about the amendment were expressed by MPs from PiS, Konfederacja and Kukiz’15.

335 MPs voted in favor of adopting the amendment to the Criminal Code, 44 were against and 47 abstained.

In the Citizens’ Coalition, 154 MPs supported the amendment, three did not vote.

In Poland, 30 MPs voted in favor of 2050-TD, and three did not vote.

Of the PSL MPs, 29 MPs supported the amendment, while two people did not vote.

The entire left-wing club of 26 members voted in favor of the amendment.

15 MPs from the Confederation voted against the amendment (three did not vote) and three MPs from the Kukiz’15 group (all of them).

In PiS, 94 MPs supported the amendment, 26 were against, 47 abstained and 22 did not vote.

A new definition of rape

According to the amendment, rape means inducing another person to have sexual intercourse by force, unlawful threat, deception or otherwise, despite the absence of consent. This act carries a prison sentence of two to fifteen years (currently two to twelve years).

The current definition of rape, which is to be replaced by the definition contained in the amendment, dates from 1932 and reads: “Whoever, by force, unlawful threat or deceit, causes another person to submit to an unlawful act (…) shall be punished by imprisonment.”

The adopted law also contains the provision that: when the perpetrator, by means of force, unlawful threat, deception or otherwise, despite the absence of her consent or taking advantage of her inability to recognize the meaning of the act or to control her behavior, forces another person to subject to another sexual act or performs such an act is punishable by a custodial sentence of six months to eight years.

““Very serious doubts”

Before the vote, PiS MP Łukasz Schreiber said there were “very serious doubts” whether the new definition of rape would result in a change in case law in the procedures related to this crime, which its left-wing sponsors are hoping for.

Two days earlier, MPs from the December 13 coalition argued during the debate on the bill that women in Poland had been waiting for the changes for years.

So far, the law has been blind to rape and sexual assault, as evidenced by case law

– said Monika Rosa from KO.

“These four women will not be sent back.”

Earlier, in an interview with PAP, left MP Anna Kucharska-Dziedzic, who helped draft the rules, explained that – statistically – out of seven women who report rape, four of them will be turned away by the police because there is no were signs of violence.

After the entry into force of this project, these four women will definitely not be returned. The police will probably have to investigate all reported cases and determine whether there is no violence, whether there is a lack of consent and whether it can be proven that the perpetrator had sexual intercourse without lack of consent.

– she noted.

Doubts about the redefinition of the crime of rape

Doubts about the amendment were expressed by MPs from PiS, Konfederacja and Kukiz’15.

During Wednesday’s debate, Law and Justice MP Grzegorz Lorek stated that the proposed redefinition of the crime of rape shifts the burden of proof to the accused, raising constitutional doubts about the violation of the principle of the right to defense and the presumption of innocence.

Even in a long-term relationship, it is better for the partner to always conclude a sex contract with his partner. Because if she changes her mind afterwards, he’s in trouble

– he said.

“The new law is pure demagoguery.”

According to him, “if you do not have your written consent,” any proceedings relating to rape charges will be lost for the men.

The new law is pure demagoguery, a gift to ruthless and vengeful women who will be able to use this law to attack their former lover. The man is in a losing position from the start

– he assessed.

According to Kukiz’15 MP Marek Jakubiak, the amendment is flawed because it will be difficult for someone wrongly accused of rape to prove that “the other person wanted it too”.

MP Witold Tumanowicz spoke in a similar tone on behalf of the Confederation, stating that the new regulations would provide an opportunity for “abuse and false accusations.” On Friday, all three MPs voted against the adoption of the amendment.

The bill now goes to the Senate.

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nt/PAP