Rape is one of the most serious offences in Polish criminal law. Its definition can be found in the Act of 6 June 1997 Criminal Code Article 197 § 1: "Anyone who, by force, illegal threat or deceit, subjects another person to sexual intercourse is liable to imprisonment for between two and 12 years."

A parliamentary bill to amend the rape legislation was submitted to the Sejm. Proponents were the Left, PSL, KO and Polska 2050 members, including Daria Gosek-Popiołek, Klaudia Jachira, Katarzyna Kotula, Anna Maria Żukowska and Wanda Nowicka.

The MPs propose to change the wording of Article 197 § 1. of the Criminal Code. "Whoever subjects another person to sexual intercourse by means of violence, unlawful threat, deception or in any other manner despite the lack of his or her consent shall be subject to the penalty of deprivation of liberty for a term of between 2 and 15 years," reads the wording of the draft amendments.

A subsection was also added to the same article: "The same punishment shall be imposed on anyone who subjects another person to have sexual intercourse by taking advantage of their inability to recognise the significance of the act or ability to control their conduct."

The offence of sexual exploitation of mental disability or vulnerability in Article 198 of the Criminal Code is also to be modified:

"Anyone who takes advantage of the vulnerability of another person, or their inability to recognise the significance of the act or ability to control their conduct, as a result of a mental disability, mental disorder or other disturbance of mental functions in order to subject such a person to sexual intercourse, or to force him or her submit to another sexual act or to perform such an act is liable to imprisonment for between six months and eight years."

Previously, Article 128 did not include the phrasing "other disturbance of mental functions." Additionally, Article 198 of the Criminal Code currently only refers to the "inability" to recognise the act, while the amendment introduces the concept of "limited ability."

The draft modifying the definition of rape returned to its second reading in the Sejm on Wednesday, 26 June. During the parliamentary debate, MP Aleksandra Leo cited shocking statistics, revealing that more than 30 people in Poland fall victim to rape every day. She argued that the current definition of rape in Polish law is inadequate and fails to protect victims sufficiently.

"This has to change, as the state cannot allow violence against its citizens," the MP stated.

Source: Rzeczpospolita/sejm.gov.pl/Dziennik Gazeta Prawna/dziennik.pl