Violence against women

In the Polish Penal Code, the sections dealing with crimes of abuse against family members are found in the chapter entitled "Crimes against Family and Custody." Abuse is defined in Article 207 1 (old 184), which covers both physical and psychological violence. The relevant article reads as follows:
Whoever abuses physically or psychologically a member of a family or an intimate relation, or any other permanently or temporarily dependent person, or a physically or mentally disabled person, or a juvenile may be found guilty and sentenced to a minimum of three months and a maximum of five years in jail.
The law does not require the perpetrator to commit both physical and psychological harm to be found guilty under this provision: committing one type of abuse is sufficient. It covers relationships where a man and woman share a home but never marry, as well as, couples who are divorced, yet continue to share a home.

Recent years have seen significant progress in the awareness of domestic violence and violence against women in general. The issue has become more visible in the media and has been addressed by an increasing number of lots of organisations. However, despite these changes, violence against women remains to a large degree hidden and surrounded by taboos, underpinned by a strong tradition of shame and guilt in the case of disclosure, especially in small villages and towns. Polish folklore still contains such folk sayings as "a husband who does not beat his wife, does not love her," and "if a husband does not beat his wife her liver rots." Women victims have imprinted in their minds all the stereotypes about women and men's social roles, as well as a number of myths, such as children needing the father, even if he is abusive.
The Catholic Church perpetuates the conservative model of the family and traditional gender roles. The Church teaching about marriage combined with powerful social myths and stereotypes, in view of serious legal and institutional deficiencies in the family violence intervention system, make a decision to leave an abusive relationship very difficult.
The Polish criminal justice system is neither effective nor responsive to victim's needs. The police often treat domestic violence as a family matter and are reluctant to intervene. Although domestic violence is publicly prosecuted, police do not properly collect evidence; evidence is produced only through the woman's effort. The pre-trial proceedings often last two to three years before the case is actually tried in court.
Police often refuse to intervene, explaining that it is either a private matter or that they cannot do anything to protect the victim unless they are provided with more evidence. If the victim has the luck to see the perpetrator convicted, the sentence usually does not alter the situation. Sentences are usually suspended (more than 90%) and the spouses often still live together, even if they are divorced.
Equally inadequate is the way the police and courts treat the cases of rape. As rapists usually receive appallingly low sentences, women are often unwilling to report the crime.

Domestic violence and violence against women are still not adequately recognized as a grave social problem in this country. Violence against women and children is marginalized and hidden under the gender-neutral term of domestic violence and in general discussions about the high crime rate.


DOMESTIC VIOLENCE
In the Polish Penal Code, the sections dealing with crimes of abuse against family members are found in the chapter entitled "Crimes against Family and Custody." Abuse is defined in Article 207 1 (old 184), which covers both physical and psychological violence. The relevant article reads as follows:
Article 207
Whoever abuses physically or psychologically a member of a family or an intimate relation, or any other permanently or temporarily dependent person, or a physically or mentally disabled person, or a juvenile may be found guilty and sentenced to a minimum of three months and a maximum of five years in jail.
The law does not require the perpetrator to commit both physical and psychological harm to be found guilty under this provision: committing one type of abuse is sufficient. It covers relationships where a man and woman share a home but never marry, as well as, couples who are divorced, yet continue to share a home.


However, "the letter of the law" and "law in practice" are often two different things. In fact, cases of domestic violence are rarely treated seriously by both law enforcement officers and prosecutors. In practice, domestic violence cases are prosecuted only at the request of the victim. Temporary arrests are seldom used, even in the most serious cases, except, perhaps, in the case of intoxicated abusers, who are often taken to the so-called "sobering-up detention centers". They are released the next morning but the bill for spending a night in this place is paid by the whole family.

RAPE
The media reported on a number of extremely low sentences for the perpetrators of rape. For instance, a group of men who raped a young woman received a two years suspended sentence. Many women's NGOs protest against the low sentencing in rape cases. Media described also a case of a 14 years old girl who was raped. The perpetrator received a low sentence and the justification of the judgement was that she looked older and she drank an alcohol.

PROSTITUTION AND TRAFFICKING IN WOMEN

SEXUAL HARASSMENT
Sexual harassment means that a person, in a position of power that holds some authority over the victim will cause the victim to suffer adverse consequence if he or she does not submit to their sexual demands. According to the Supreme Court guidelines, such relation of subjection can occur between employer and employee, supervisor and subordinate, and teacher and student. Taking advantage of a position of power may occur when a subordinate is obligated to fulfill the orders of his or her superior, and a superior is aware that he is taking advantage of his position to demand sexual favors unrelated in any way to his subordinate's employment.
WIFE BITTERING


CONCLUSIONS

The changes Poland is going through are not easy. Women's non-governmental organizations cannot depend on ephemeral promises made by the government; they should rather try to develop their own, alternative programs, independent of the current political atmosphere. They should also seriously focus on awareness raising and educating society, including the employees of administration of justice - about the problem of violence against women. The women themselves should also learn about their rights.


According to Polish law, rape is a crime against personal sexual freedom and morality. It is a publicly prosecuted crime but only prosecuted upon the request of a victim. Article 197 (formerly 168) of the Penal Code reads as follows:

1. Who, by means of violence, unlawful threat or deceit, forces a sexual act on another person shall be liable to penalty of 1 to 10 years imprisonment.

2. If the perpetrator, in a way described in Paragraph 1, makes another person submit to another sexual action or perform such an action, shall be liable to penalty of 3 months to 5 years imprisonment.


The media reported on a number of extremely low sentences for the perpetrators of rape. For instance, a group of men who raped a young woman received a two years suspended sentence. Many women's NGOs protest against the low sentencing in rape cases. Media described also a case of a 14 years old girl who was raped. The perpetrator received a low sentence and the justification of the judgement was that she looked older and she drank an alcohol.