On Wednesday, 14 February, a group of female parliamentarians presented a bill to the Sejm. The proposed legislation seeks to amend Polish law by redefining rape and elevating it from a misdemeanour to a criminal offence. Additionally, the bill aims to enhance penalties for inciting what is commonly referred to as ‘other sexual activity’.

In a show of solidarity with victims of violence, female members from the Civic Coalition, the Left, and the Third Way (Polish: Trzecia Droga) danced within the Sejm building. The event garnered significant attention on social media.

The bill aimed at amending the law has garnered support from 21 female MPs. Their objective is to revise Article 197 of the Penal Code, specifically addressing the definition of rape. According to these parliamentarians, sexual intercourse should be classified as rape when it occurs without prior informed and voluntary consent.

Under the existing legislation, rape is characterised as sexual intercourse achieved through violence, unlawful threat, or deception. However, the MPs who proposed this amendment to the Sejm underscore the need for a more precise definition. They argue that the current wording of Article 197, item 1, which pertains to rape, as well as other sexual offences, merely treats them as violations of sexual freedom and morality. The proposed changes aim to emphasise the importance of opposing any form of unwanted sexual behaviour.

In the draft presented to the Sejm, female MPs have put forth a proposal to increase the minimum sentence for rape to three years imprisonment. This significant change would reclassify rape from a misdemeanour to a criminal offence. At present, the punishment for rape stands at 2 to 12 years imprisonment.

"For the first time ever at the @KancelariaSejm as MPs, alongside activists, we danced the ‘My Name is One Billion’ anti-violence dance against women! This year, our dance carries the purpose of redefining rape, emphasising that only a clear ‘YES’ signifies consent. One for a billion! One billion for one!" Wanda Nowicka wrote on X.

The proposed new law also aims to introduce stricter penalties for coercing an individual into engaging in what is commonly referred to as ‘other sexual activity’ or compelling them to perform such acts. Currently, a person found guilty of such actions faces imprisonment ranging from 6 months to 8 years.

Parliamentarians advocate for this offence to carry a punishment of between 2 and 10 years imprisonment. Furthermore, these same penalties should extend to cases of rape involving mentally ill or intellectually disabled individuals. The MPs emphasise that a uniform penalty will underscore that the specific circumstances of the victim cannot serve as a mitigating or diminishing factor for the perpetrator.

According to the tabled bill, inducing or performing "other sexual activity" is to be punishable by 2 to 10 years' imprisonment.

"Currently, victims have to prove that the sexual act took place under the influence of violence (rape) and that they resisted strongly enough to, for example, attract the attention of witnesses or leave marks on the body of the perpetrator. Thus, rape is not prosecuted if the victim did not resist due to recognising the futility of resistance against a stronger perpetrator or out of fear of escalating violence," reads the explanatory memorandum of the bill.

Following the bill's tabling, female MPs made a poignant statement within the Sejm by dancing in solidarity with victims of violence. The vibrant and cheerful scene within the Wiejska Street building conveyed a powerful message, although it didn’t resonate positively with everyone.

"On the occasion of Valentine's Day, I would like to remind all gentlemen: don't marry feminists, because you will see such things every day," Antoni Macierewicz, a Law and Justice (Polish: Prawo i Sprawiedliwość, PiS) politician, wrote on X.

"Of course, they had to dance in the Sejm on Ash Wednesday. It came out unattractive, and on the spiritual side, the dark side of their insides made itself known. (…) If you don't serve the Holy Spirit, you have to be silly and trivial," reads priest Daniel Wachowiak's post on X.

The Greens MP Klaudia Jachira has addressed the criticism regarding dancing in Parliament on Ash Wednesday. In a post on social media, she emphasised that the Parliament Building is a secular place, so there was no reason for the dance to be considered inappropriate. Furthermore, she highlighted the double standard, reminding everyone of the lack of such concern when the Law and Justice politicians had previously engaged in dancing during church celebrations.