Przestępstwo zgwałcenia w świetle Poselskiego projektu ustawy o zmianie ustawy – Kodeks karny (druk nr 1091)

This article deals with the issue of the crime of rape, topical due to the reported Parliamentary Bill on Amending the Law – Criminal Code (print No. 1091). It presents the solutions subject to change, to then discuss how the current wording of Article 197 § 1 of the Criminal Code sanctions the crime of rape. The article considers the dangers arising from the change in the executive act of the crime of rape and, following this, refers to the intention to overturn the presumption of consent to sexual intercourse, as well as outlines doubts relating to a possible violation of the presumption of innocence. The aim of the article was to highlight the most important doubts that grew at the basis of the amendments to Article 197 § 1 of the Criminal Code and to answer the question whether the current wording of the referred provision is sufficient from the point of view of the protection of victims. The author concludes that the MP’s bill to amend the Act – Penal Code – print No. 1091, to the extent that it initiates changes to the content of Article 197 § 1 of the Penal Code, is underdeveloped, poses a number of interpretation risks and will in fact contribute to increased subjectivisation of assessments in the case of the crime of rape. At the same time, it recognises the profound sense of the standardisation of the presumed consent to sexual intercourse, which is derived from the currently applicable Article 197 § 1 of the Criminal Code.