Models of the Crime of Rape and Its Definition Following the Amendment in Poland Cover Image

Modele przestępstwa zgwałcenia i jego definicja po nowelizacji w Polsce
Models of the Crime of Rape and Its Definition Following the Amendment in Poland

Author(s): Michał Głuchowski
Subject(s): Criminal Law, Human Rights and Humanitarian Law
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: criminal law; comparative law; rape; consent to a sexual act; affirmative consent; yes means yes;

Summary/Abstract: This article discusses the basic definitional models of rape in contemporary criminal legislation, together with their strengths and weaknesses: the force-based model, the resistance-based model ('no means no'), the internal consent model, and the 'yes means yes' model. It then examines the definition of rape in force in Poland since 13 February 2025. It is argued that this construction unnecessarily combines features of the force-based model and the internal consent model, and that its hybrid character is a source of interpretive doubts.

  • Issue Year: 30/2026
  • Issue No: 1
  • Page Range: 59-80
  • Page Count: 22
  • Language: Polish
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