Woman as a Victim—Examples of Discriminatory Provisions in Criminal Law

The publication analyses three criminal justice structures prominent in the scientific debate across various countries from the perspective of human rights, with particular emphasis on the principles of gender equality—the order to temporarily vacate the premises shared with the victim, the public-complaint nature of the offense of rape and the prohibition of mediation in cases of domestic violence. Their shared characteristic is their assumed support for victims of a specific type of criminal offenses, which justifies the premises and scope of these constructs (or the submitted postulates). The analysis has confirmed that all the indicated instruments unreasonably restrict the rights of victims. They are all grounded in a single model of the victim as a person—a weak, powerless woman, unable to decide about herself freely and without coercion. At the same time, it can be argued that they exemplify legal paternalism and systemic gender-based discrimination.