Yes means yes, no means no. Interpretacje znamienia zgody w kontekście przestępstwa zgwałcenia
Yes Means Yes, No Means No: Interpretations of the Element of Consent in the Context of the Offence of Rape

Summary/Abstract: The article focuses on the concept of consent in the context of rape. The first part of the paper presents Polish regulations as well as the views of doctrine and jurisprudence. Next, the theoretical concepts of how consent may be interpreted in the context of rape – no means no, and yes means yes - are discussed. The former states that rape is sexual intercourse occurring despite resistance from one of the involved parties. The lack of consent must be expressed in a way that is clear for the perpetrator. According to the latter, sexual intercourse is permissible if all involved parties give their valid consent. Intercourse that takes place without such consent is rape. The no means no approach has recently come under increasing criticism. This article examines the main objections to this theory.

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