Rape and Sexual Assault Laws After the 2025 Consent Amendment

Rape under Polish law is now defined, in part, as causing another person to engage in sexual intercourse despite the absence of that person’s consent. Since 13 February 2025, the lack of consent itself has been expressly included in Article 197 of the Polish Criminal Code as a basis for criminal liability. The amendment is commonly described as the consent-based reform of Polish rape law. [1][2]

The change is important for individuals, employers, educational institutions and organisations handling internal reports of sexual misconduct. It affects how allegations are assessed, what evidence may matter, and how quickly legal and procedural steps should be taken.

Article 197 amendment: what changed in rape law Poland 2025?

Before the 2025 amendment, Article 197 primarily referred to sexual intercourse obtained through violence, an unlawful threat or deceit. The amended provision adds a separate alternative: sexual intercourse occurring despite the lack of consent.

Article 197 §1 of the Criminal Code now covers a person who causes another person to engage in sexual intercourse:

• through violence,
• through an unlawful threat,
• through deceit, or
• despite the absence of that person’s consent.

The three terms – “violence, an unlawful threat or deceit” – remain express, independent statutory routes to liability. They are not exceptions to the consent standard. In practice, an allegation may concern one of these forms of coercion, a lack of consent, or a factual situation involving more than one of those elements.

The statutory penalty for rape under Article 197 §1 is imprisonment from 2 to 15 years. This places the offence among the most serious crimes under Polish criminal law. [1]

Sexual assault and other sexual acts under Article 197 §2

The amendment also applies to conduct commonly described in English as sexual assault. Polish criminal law does not use “sexual assault” as a single statutory category with one fixed definition. The legal classification depends on the nature of the conduct and the circumstances.

Article 197 §2 concerns causing another person to submit to another sexual act or to perform such an act through violence, an unlawful threat, deceit, or despite the absence of consent. It covers conduct other than sexual intercourse where the act has a sexual character. The penalty ranges from 2 to 15 years’ imprisonment. [1]

The distinction between sexual intercourse and another sexual act can have material consequences for the legal classification, available defence strategy, sentencing exposure and the course of an investigation. It must be assessed against the precise facts, not against media terminology or informal descriptions used by participants or witnesses.

How consent is assessed after the 2025 amendment

The amendment does not introduce a formal requirement for written consent, a particular phrase, or a prescribed form of communication. Consent may be communicated verbally or through conduct. At the same time, silence, lack of resistance or the absence of visible injuries do not automatically establish consent.

The legal assessment should consider the full context, including:

• what was said and done before, during and after the event;
• whether consent was freely given and continued throughout the relevant conduct;
• whether a person was capable of making and communicating a decision;
• the effect of intoxication, sleep, fear, dependency, authority or a significant imbalance of power;
• digital communications, recordings, access records, medical evidence and witness accounts.

Consent can be withdrawn. Where it is withdrawn, the legal significance of any subsequent conduct will depend on whether the other person knew, or in the circumstances should have understood, that consent was no longer present. This remains a fact-sensitive assessment.

What the consent law does not change

The amendment does not reverse the burden of proof. A person accused of an offence remains presumed innocent, and the prosecution must prove guilt beyond the standard required in criminal proceedings. Under Article 5 §1 of the Code of Criminal Procedure, any accused person is presumed innocent until guilt is established by a final judgment. [3]

Nor does every regretted sexual encounter, inconsistent account or relationship conflict automatically amount to an offence under Article 197. Criminal liability requires a careful assessment of statutory elements, evidence, credibility and intent. An accusation alone is not proof, while an absence of physical evidence does not itself determine that no offence occurred.

The amendment also does not replace other provisions protecting minors or persons in particular situations of vulnerability. Depending on the facts, authorities may consider, among others, Article 198 of the Criminal Code, concerning the abuse of a relationship of dependence, a critical position or incapacity to recognise the significance of an act or control conduct, and Article 200, concerning sexual conduct involving a person under 15 years of age. [1]

Practical implications for criminal cases and organisations

For criminal proceedings, the consent-based wording increases the importance of early evidence preservation. Messages, call logs, CCTV footage, workplace access data, ride records, medical documentation and contemporaneous disclosures may be relevant. Lawful preservation is essential. Attempts to influence witnesses, alter records or contact a reporting person can create separate legal and reputational risks.

For businesses and institutions, allegations may trigger parallel processes: a criminal investigation, internal fact-finding, employment measures, safeguarding obligations and communications risk. An internal investigation should not be treated as a substitute for criminal proceedings. It should have a clear scope, protect confidentiality appropriately, avoid prejudging criminal responsibility and preserve relevant material.

Kopeć & Zaborowski (KKZ) supports clients in criminal matters involving sexual offences, including representation of accused persons and injured parties, assessment of evidence, crisis management and coordination with internal employment or compliance procedures.

Which law applies to conduct before 13 February 2025?

The amendment applies from 13 February 2025. For conduct alleged to have occurred earlier, the court must apply the rules on temporal operation of criminal law. Article 4 §1 of the Criminal Code generally requires application of the law in force at the time of adjudication, unless the earlier law is relatively more favourable to the offender. [1]

This analysis cannot be reduced to the date of an allegation. It requires comparison of the relevant provisions, the alleged conduct, potential legal classification and sentencing consequences. In cases involving events spanning a longer period, the issue may be particularly complex.

This is informational material, not legal advice. The assessment of a sexual offence allegation always depends on the evidence and the specific procedural stage.

In matters involving allegations of rape or sexual assault, it may be important to discuss possible steps with a criminal lawyer without delay. Early legal assessment can help secure evidence, identify procedural risks and organise appropriate communication with authorities or an institution.

FAQ – Rape and Sexual Assault Laws After the 2025 Consent Amendment

When did the Article 197 amendment enter into force?

The consent-based amendment to Article 197 of the Polish Criminal Code entered into force on 13 February 2025. [2]

Does Polish law now require written consent to sex?

No. Polish law does not require written consent or a specified verbal formula. The issue is whether consent was present in the circumstances of the case.

Is lack of physical resistance proof that consent existed?

No. Lack of physical resistance is not, by itself, proof of consent. Courts assess the overall evidence and circumstances.

Can consent be withdrawn during sexual activity?

Yes. Consent can be withdrawn. Any legal assessment of subsequent conduct depends on the circumstances, including how the withdrawal was communicated and understood.

What is the penalty for rape under amended Article 197 §1?

The basic penalty is imprisonment from 2 to 15 years. Aggravated forms of the offence may carry higher penalties under Article 197 §§3-4. [1]

Does the amendment apply to conduct that occurred before February 2025?

Not automatically. The court must apply the rules on temporal operation of criminal law, including Article 4 §1 of the Criminal Code, and determine which law is relatively more favourable where relevant. [1]

Bibliography

1. Act of 6 June 1997 – Criminal Code (Kodeks karny), in particular Articles 4, 197, 198 and 200, consolidated text: Journal of Laws of 2024, item 17, as amended.
2. Act of 28 June 2024 amending the Act – Criminal Code and certain other acts, Journal of Laws of 2024, item 1228.
3. Act of 6 June 1997 – Code of Criminal Procedure (Kodeks postępowania karnego), Article 5 §1, consolidated text: Journal of Laws of 2025, item 46, as amended.
4. European Court of Human Rights, M.C. v. Bulgaria, application no. 39272/98, judgment of 4 December 2003.