New Provisions Redefine Rape in Polish Criminal Code
The Sejm passed an amendment to the Criminal Code that makes sexual intercourse without consent a crime. The perpetrator faces a prison term ranging from two to fifteen years. Some members of parliament from PiS, Konfederacja and Kukiz’15 expressed reservations about the amendment.
Parliamentary votes reflected broad support for the change: 335 MPs voted in favor, 44 opposed, and 47 abstained. Within the Citizens’ Coalition, 154 MPs supported the amendment, while three did not vote. In the PSL group, 29 MPs backed the measure and two abstained. The Left’s 26-member club uniformly favored the amendment. Among the Confederation, 15 MPs voted against the change (three did not vote), and the Kukiz’15 group had three opponents, all of its members. In PiS, 94 MPs supported the amendment, 26 were against, 47 abstained, and 22 did not vote.
A new definition of rape
Under the amendment, rape means inducing another person to have sexual intercourse by force, unlawful threat, deception, or other means, despite the absence of consent. The penalty for this act is set at two to fifteen years of imprisonment, up from the previous range of two to twelve years.
The existing definition, dating from 1932, will be replaced. It previously stated that anyone who causes another person to submit to an unlawful act by force, threat, or deceit shall be punished by imprisonment.
The law also includes a provision that if a perpetrator uses force, unlawful threat, deception, or other means to compel a person to engage in another sexual act despite the absence of consent or while taking advantage of the victim’s inability to understand the act, the offender faces six months to eight years in custody.
Concerns about the redefinition
Before the vote, PiS MP Łukasz Schreiber indicated there were “very serious doubts” about whether the new definition would change case law in rape-related procedures, a point raised by the left-wing sponsors hoping for a shift in practice.
Two days earlier, MPs from the December 13 coalition argued that Polish women had waited for these changes for years.
Monika Rosa of the KO group noted that, to date, rape and sexual assault cases were often treated as if the law did not fully address them. She emphasized that the new law would compel investigators to assess whether violence occurred, whether consent was present, and whether the perpetrator acted without consent.
Uncertain outcomes and potential reactions
Some left-leaning deputies stressed that the new rules could lead to tighter scrutiny in police investigations and prosecutors’ offices, ensuring that consent is clearly established in each case. They argued that the reform aligns Poland with contemporary understandings of sexual violence and consent, which many activists have long advocated.
Critics within PiS, Konfederacja, and Kukiz’15 warned about potential unintended consequences. Grzegorz Lorek of PiS warned that the redefinition might shift the burden of proof toward defendants and raise constitutional concerns about the right to defense and the presumption of innocence. Others cautioned that without written consent, individuals could face drawbacks in proving rape charges, potentially affecting men in some scenarios.
Members of Kukiz’15, including Marek Jakubiak, argued that the reform could complicate cases where the accused can claim mutual interest. Witold Tumanowicz, speaking for the Confederation, suggested the rules might enable abuse and false accusations. All three groups opposed the amendment as it moved through the chamber.
The bill progresses to the Senate for consideration.
Source: wPolityce