In its first report on Poland, the Council of Europe’s GREVIO – the independent group that screens implementation of the Conference on Stopping and Combating Violence towards Ladies and Home Violence (Istanbul Convention) – praises lately launched emergency barring orders, permitting law-enforcement companies to briefly evict a home abuser from a household residence. Accompanied by coaching initiatives, this displays constructive authorities efforts to implement a “elementary cornerstone” of the conference, in line with the report.
The report – revealed with the comments of the government and primarily based on detailed analysis and a rustic go to to Poland late final 12 months – additionally lauds rising case regulation primarily based on the precise prison offence of stalking, launched in 2011, in addition to the introduction of revolutionary prison offences that seize the offline and on-line manifestations of harassment and stalking in addition to the impersonation of one other particular person on-line, together with the opportunity of growing the sentence the place this has led to a sufferer’s suicide.
Regardless of such progress, better steps to cease sexual violence, rape and sexual harassment have to be taken, in line with GREVIO, beginning with altering the definition of rape itself. As with another beforehand monitored international locations, Poland ought to align the definition of rape with conference necessities, which transfer away from a force-based definition to 1 masking all non-consensual sexual acts. With no consent-based definition of rape in prison regulation, prosecutors will “invariably determine” towards looking for an indictment in instances the place the sexual act is undisputed, however consent is just not, GREVIO stresses. Out of the 17 beforehand monitored international locations, three have an offence of sexual violence primarily based fully on lack of consent: Belgium, Malta, and Sweden.