Grzegorz Lorek, PiS MP in the Sejm, on changes in the definition of rape. Minister Katarzyna Kotula comments

On Wednesday, the Sejm held the second reading of the draft amendment to the Penal Code regarding the definition of rape and the penalty for this act. It was submitted by a group of Left MPs. Two weeks ago, after amendments, the project was supported by the Sejm extraordinary committee for changes in codifications. According to the draft amendment to the Penal Code, rape will be deemed to mean causing another person to engage in sexual intercourse by force, unlawful threat, deception or other means despite the lack of consent.

MP Grzegorz Lorek spoke on behalf of Law and Justice. He stated that the redefinition of the crime of rape proposed in the draft shifts the burden of proof to the accused, which raises constitutional doubts regarding the violation of the principle of the right to defense and the presumption of innocence.

At the beginning of his speech, Lorek mentioned the merits of the United Right government, which “significantly improved the protection of victims of sexual crimes.” He mentioned, among other things, the tightening of the penalty for raping a child, the introduction of a pedophile register and a lifetime ban on working with children for pedophiles.

PiS MP However, he does not agree with the changes now proposed. – Changes are currently underway to redefine the crime of rape. The changes consist in shifting the burden of proof to the accused. This raises doubts in the context of the constitutional principle of the right to defense and the presumption of innocence, said the MP.

He later drew a comparison to a car borrowed from a friend. “Let's imagine a situation in which our friend lent us a car. When we drove away, he called the police to report that we had stolen it. The friend was a pig, but the consequences would have been serious for us anyway. How can you avoid it? It's best to have his consent in writing. And such agreements are sometimes practiced,” he said.

– Unfortunately, according to the new law, 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 after the fact, he will have a problem. It's not just friends who turn out to be fake. In a law firm, they have many cases in which a lady in love suddenly falls out of love even after several years. He only tells his partner about it after a drunken night. When the new law comes into force, all these cases will be lost if you do not have your consent in writing, Lorek continued.

– I know it sounds ridiculous, but this law is ridiculous. Today, prosecutors and courts are investigating whether the sex was with the woman's consent. The new law is pure demagogy and de facto a gift for ruthless and vindictive women who will now be able to use this law to attack their former lover, he argued.

Later he used an example. – Young people at the party drank too much. The girl is having fun and posting photos on Instagram. He gets drunk enough to finish the movie. The boy takes her to her room, hugs her, and does not have intercourse. In the morning they find their friend covered in blood because her period has started. She notifies the police that her friend was raped. She doesn't remember anything. The boy is arrested. The case drags on for a long time. He, even if he is innocent, is already a loser, to be clear. The law must protect women because, above all, they are victims of rape and it must be strict, but it cannot be blind. It cannot be an element of a male-female fight. Let's look at it more broadly and not throw the baby out with the bathwater – added Lorek.

Minister for Equality Katarzyna Kotula in an interview with gazeta.pl, she said that “the MP should be asked today whether he actually wants to protect people who may experience rape or whether he is on the side of the perpetrators.” – I am very surprised that PiS allowed itself for the right-wing position to be presented by this MP and not another one. With these and no other words. Disgrace, shame and scandal, she added.

As Kotula pointed out, the current definition of rape requires a change. – This proposed definition is not very far-reaching anyway, but it bases this definition of rape on consent or lack of consent. The definition of rape is outdated in the Polish Penal Code. Today, the project of MP Anita Kucharska-Dziedzic and attorney Dorota Wawrowska goes towards a change that we believe is necessary. Most women in Poland do not report rape because they know how difficult it is to prove that it has occurred – she said.

The MP also referred to a fragment of Grzegorz Lorek's statement about suspected rape as a result of alcohol abuse. – I heard a story from MP Lorek about a party where a woman allegedly drank too much alcohol and then suddenly came up with the idea of ​​accusing someone of rape. This is an abstraction, mockery of a situation when we know that a woman, a young girl, is at a party and falls victim to rape because something was spiked into her drink, because it is not always alcohol. We know how common rapes were after taking date rape drugs, I myself have supported such people many times who were unable to prove it. This shows that this change is necessary – concluded Katarzyna Kotula.