From today, no woman will have to prove that she was defending herself, resisted and fought with the rapist. Lack of consent to sex is the basis for the definition of rape. The use of intoxicated or unconscious women will be punished. But the presumption of innocence remains.
The day before Valentine, not unlucky, gift and warning. “Thirteen turned out to be happy for women,” we hear.
“A woman is not a body that everyone can reach for when she wants it,” commented Kamila Ferenc from the Foundation for Women and Planning the Federa family.
From Thursday, there is a new definition of rape in Polish law. – From today, every sexual intercourse without consent is a rape – emphasizes Anita Kucharska -Dziedzic, MP of the left and co -author of the Act changing the definition of rape.
They were once sent back with a receipt, now they will be covered by legal protection
The definition so far was over a hundred years old and recognized that the Polish woman was correct to sex by default. And if he disagrees, she should show how much – actively resisting violence and threat.
– Investigators, but also the courts, focused on looking for traces of some resistance – noted Joanna Gzyra -Regar from the “Feminoteka” Foundation.
The law did not notice that the victim, intimidated by a stronger attacker, could react to rape with a motionless that he could be intoxicated or used when it is unconscious.
– These people have so far been sent back, treating them as people who may have wanted it. Today, all these people will be protected by legal protection – pointed out Anita Kucharska -Dziedzic.
Because from Thursday the perpetrator is to be at the center of the proceedings, not a victim. – “Why did you go there?”, “Why did you drink?”, “Why did you drink so much?”, “Why were you dressed defiantly?” Or “How did you dress?” With these questions, the end – announced Danuta Wawrowska, lawyer and co -author of the act amending the definition of rape.
One question – to the perpetrator
Instead of these questions, one to the perpetrator: “Did you agree to sex?”
– He will be worse because he would not be able to raise his defense, for example, that he did not use violence, he did not threaten that it was a “voluntary” attitude – explained Dr. Witold Zontek from the Department of Criminal Law of the Jagiellonian University.
Joanna Gzyra-Regar with a new definition of rapeTvn24
What does not change is the presumption of innocence for a potential perpetrator and punishment for false testimonies for the alleged victim. And the evidence for rape must find a prosecutor.
– This is not a birthmark that should give the prosecutor a problem – Ewa Burdzińska from the National Prosecutor's Office assessed in the Sejm. Will it be like that – will check the parliamentary team appointed to monitor the introduced change.
– This is not the end of the road, this is the beginning of the road – announced Anita Kucharska -Dziedzic.
“We really start a great change”
The definition comes into force after six -month Vacatio Legis, which was to give the police, courts and prosecutor's offices to train their new law. – That people hurt with this crime, after all, humiliated, stripped of dignity, hurt, lost, not victimize again – argued prosecutor Ewa Burdzińska.
The authors of the changes say that 200 women are raped every day in Poland. Only seven of them will report rape. However, in sixteen western countries that already use a definition based on harmony, these statistics have improved.
– Application has more at least twice, for example in Spain – notes lawyer Danuta Wawrowska.
But a change of mentality must also follow a change in the law. – We really start a great change – emphasizes Anita Kucharska -Dziedzic.
Source of the main photo: Shutterstock