Hasty Change of Rape Conception

Abstract

In the European legal space, we can currently to observe two models of construction of the rape crime, namely the so-called coercion-based model, it means a model built on the violent coercion of the victim and the so-called consent-based model, it means a model created on the absence of the victim’s consent. Some European countries are gradually changing the concept of rape from the so-called violent conception to concept based on the absence of the victim’s consent. At the end of 2021, an amendment to the Criminal Code was submitted to the interdepartmental comment procedure, which, among other changes, proposes a complete change of the rape crime. The amendment objective is making a criminal offense any sexual intercourse, which is conducted without the consent of the person concerned. The author points out the legislative changes in selected European countries and critically analyses the amendment.