IS A REDEFINITION OF RAPE REQUIRED IN POLISH CRIMINAL LAW?

The article concerns the crime of rape stipulated in art. 197 of the Criminal Code, or more precisely the definition of this phenomenon. The author analyzes the regulations penalizing this type of sexual abuse, in force both under Polish criminal law and under international law, in order to find the...

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Bibliographic Details
Main Author: Monika Czechowska
Format: Article
Language:Polish
Published: Ministry of Justice (Poland) 2021-06-01
Series:Probacja
Subjects:
Online Access:http://probacja.com/gicid/01.3001.0014.8939
Description
Summary:The article concerns the crime of rape stipulated in art. 197 of the Criminal Code, or more precisely the definition of this phenomenon. The author analyzes the regulations penalizing this type of sexual abuse, in force both under Polish criminal law and under international law, in order to find the answer to the question whether the current provisions of the penal code comply with the convention standards and whether the definition of rape corresponds to the theory of sexual autonomy, according to which sex without voluntary, informed, and free of forced consent is rape.
ISSN:1689-6122