The fight to change the definition of rape has been going on for years, and the opportunity appeared after the change of government. For many victims of sexual crimes, this is a key issue. The new definition is to add words about causing a person to have sexual intercourse “in another way despite the lack of his or her consent.” PiS MP Grzegorz Lorek and Confederation politicians argued during the debate in the Sejm that this meant depriving men of the presumption of innocence.
Law and Justice MP Grzegorz Lorek, during the second reading of the bill regarding changing the definition of rape, tried to prove that if a man does not obtain written consent to sex every time, he will be in a losing position.
– 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 – argued the politician. Włodzimierz Czarzasty, who chaired the meeting, found these words terrifying.
– Saying that it will be used for private male-female wars is a huge abuse, it is absolutely shameful – commented Katarzyna Kotula, Minister for Equality, MP of the Left.
– We want women to be safe, for this law to protect women above all. When I hear what MP Lorek says from the parliamentary rostrum, it makes my hair stand on end – assessed Maciej Wróbel, MP of the Civic Platform
Confederation politicians have a similar opinion to MP Lorek. – This project introduces a de facto presumption of guilt, a presumption of guilt that every person accused of rape will have to prove that he is not a criminal – said Witold Tumanowicz from the parliamentary podium, MP of the Confederation.
Lorek (PiS) on changing the definition of rape: the new law is pure demagogy, a gift for ruthless and vengeful womenTVN24
Lawyers also have reservations
The current definition of rape is a record from 1932 – almost a hundred years old. It does not take into account that in that time the world, customs, reality and women's rights – everything – have changed radically. The Left's bill, which is being processed in the Sejm, assumes that any sexual intercourse without conscious and voluntary consent – is rape.
– There doesn't have to be trickery, there doesn't have to be violence, a woman doesn't have to defend herself, bite, scratch, it's enough that she doesn't want to – explains Katarzyna Piekarska, MP of the Civic Coalition.
Whoever causes another person to have sexual intercourse by force, unlawful threat, deception or in any other way despite the lack of consent, shall be subject to the penalty of deprivation of liberty for a term of between 2 and 15 years.
Whoever, by force, unlawful threat or deceit, subjects another person to sexual intercourse shall be subject to the penalty of deprivation of liberty for a term of between 2 and 15 years.
For organizations supporting rape victims, this is just the beginning of change. – Changing the provisions of the Penal Code alone is not enough to change, for example, the practice of courts or prosecutors' offices – points out Joanna Gzyra-Iskandar from the “Feminonoteka” Foundation.
Lawyers point out the inequalities in the bill. – It differentiates the types of victims, i.e. people with some intellectual disability, for example, if someone rapes, they may be threatened with a lesser punishment – says Agata Bzdyń, legal adviser.
However, none of the clubs spoke outright against the act and if there is no party discipline, even PiS women – at least some – declare that they will be in favor of it. – Here, the woman's will, the woman's awareness when engaging in a sexual act is very important, so I am absolutely on the side of women – says Agnieszka Wojciechowska van Heukelom, an MP from Law and Justice.
Main image source: Fakty TVN