Poland - Rape
This resource includes the legal definitions of different types of gender-based violence used in EU Member States, according to their legal terminology and national legislation. It was last updated in 2019 and makes a reference to the United Kingdom as a member state of the European Union.
Whoever, by force, illegal threat or deceit subjects another person to sexual intercourse shall be subject to the penalty of the deprivation of liberty for a term of between 2 and 12 years.
Legal provisions on protection orders
See Criminal Code, Articles 39 and 41a
Legal Source
Criminal Code,Article 197
Observations
Special circumstances of rape (in the same legal provision):
- If the perpetrator, in the manner specified in § 1, makes another person submit to other sexual act or to perform such an act, he shall be subject to the penalty of the deprivation of liberty for a term of between 6 months and 8 years.
- If the perpetrator commits the rape 1) in common with another person, 2) against a minor under 15 years of age, 3) against an ascendant, descendant, or a person being adopted, or brother or sister, he shall be subject to the penalty of deprivation of liberty for a minimum term of 3 years.
- If the perpetrator of the crime specified in § 1 - 3 acts with particular cruelty, he shall be subject to the penalty of deprivation of liberty for a minimum term of 5 years.