Criminalization of sexual violence in the Polish law and canon law Cover Image

Penalizacja przemocy seksualnej w prawie polskim i w prawie kanonicznym
Criminalization of sexual violence in the Polish law and canon law

Author(s): Lucjan Świto
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: sexual offending; sexual abuse; sexual harassment; sexual misuse.

Summary/Abstract: Sexual violence is a phenomenon that has occurred from the beginning of human history, and the multiplicity of forms and diversity of behaviour within a sexual context creates new forms of violence. The phenomenon of sexual abuse seems to be gaining momentum today, so much so that it not only underlies many social ills, but is a pathology in itself. Aware of the risks of the phenomenon that follows leads legislators of many countries, including Polish legislators, to take various initiatives in the wider sense of prevention, where these activities take place mainly at the normative level. Given that the perpetrators and victims of sexual violence tend to be non-denominational, not only individuals, but also identified with the Catholic Church, raises the question of whether sexual violence is criminalized only in the dimension of Polish law, or also in the dimension of canon law. Is it only the secular legislature that recognizes the problem of sexual violence in response to emerging threats, and adapts the law to changing realities, or also the church legislature? The article, through a comparative legal analysis of the most common sexual offences - that is, rape, sexual exploitation of a minor, the helpless, or the insane, sexual abuse in a relationship of dependency, and child pornography - tries to answer the questions.

  • Issue Year: 2015
  • Issue No: 16
  • Page Range: 61-75
  • Page Count: 15
  • Language: Polish