Poland. Sexual violence by strangers - Labirint
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Poland. Sexual violence by strangers

    Poland. Sexual violence by strangers

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    01. Call the Police

    How to call the police?

    Call 112, this is the general emergency number. It can be dialed in case of danger, regardless of what happened to you. The number works even if your phone balance runs out of funds.

    You can also call the police by dialing 997.

    Do I need documents to call the police?

    No, the police are obliged to help you even if you do not have documents with you, including those confirming registration.

    If I have any migration issues (e.g., visa overstay), is it safe for me to call to the police?

    If you have problems with your visa or immigration status, there is a risk of getting into trouble. Although they may not arise — a lot depends on the police officer. If you have violated the rules of staying in the country and your life is not in danger right now, it is better to contact not the police, but the support center for survivors of domestic and sexualized violence (below is a list of such organizations).

    02. Get medical help

    How to call an ambulance?

    You can call an ambulance by dialing 999.

    Do I need money/documents/being registered in the country to get medical help?

    Ukrainians (with Ukrainian passports) do not need special documents. In Poland, a separate program for the provision of medical care covers citizens of Ukraine.

    If you do not have Ukrainian citizenship, then you need medical insurance and an employment document. Without them, you can only get an emergency medical care.

    If I have migration issues (e.g., visa overstay), is it safe for me to ask for medical help?

    Unfortunately, there is a risk that an administrative case will be initiated against you. However, this risk is less that with the police.

    — What should I say to medical staff? 

    Try to explain the situation as clearly and in detail as possible, and tell what injuries you received and what pain you have in your body. Do not hesitate to ask the medical staff if you have any questions.

    Can I terminate the pregnancy (abortion process)?

    Polish laws about the abortion is very restrictive. You can terminate your pregnancy just in two cases:

    • If the pregnancy is a result of criminal act
    • If the continuation of the pregnancy threatens the woman’s life or health.

    Even when the pregnancy is a result of a criminal act, there is a complicated procedure to receive the permission to terminate the pregnancy. If you or your friend or relative is in this situation, it is best to contact an NGO that can help with this.

    03. Get in touch with a helping organization

    Which organizations can help?

    Feminoteka — this organization provides legal, psychological and medical assistance to women survivors of violence.

    Centrum Praw Kobiet — here they provide psychological, legal and social assistance, as well as provide financial advice.

    Where can I receive the information about sexual and reproductive health issues?

    Federa — this organization fights for reproductive rights for women and helps Ukrainian women.

    Legislations

    Legislation punishing person who made sexual violence?

    Usually in such cases, the aggressors are judged under articles 197–200 of the Polish Criminal Code.

    Art. 197 § 1. Anyone who, by force, illegal threat or deceit, subjects another person to sexual intercourse is liable to imprisonment for between 2 and 12 years.

    § 2. If the offender forces another person to submit to another sexual act, or to perform such an act in the manner specified in §1, he or she is liable to imprisonment for between 6 months and 8 years. 

    § 3. If the offender commits a rape: 

    1) in concert with another person, 

    2) towards a minor under the age of 15, 

    3) towards a descendent, ascendant, adopter, adoptee, brother or sister, 

    he or she is liable to imprisonment for at least 3 years. 

    § 4. If the offender commits the rape specified in §1-3, with particular cruelty, he or she is liable to the penalty of imprisonment for at least 5 years. 

    Art. 198. Anyone who takes advantage of the vulnerability of another person, or their inability to recognize the significance of the act or ability to control their conduct, as a result of a mental disability or disorder in order to subject such a person to sexual intercourse, or to force him or her submit to another sexual act or to perform such an act is liable to imprisonment for between 6 months and 8 years.

    Art. 199. § 1. Anyone who, by abusing a relationship of dependency or manipulating a critical situation, makes another person perform sexual intercourse or to submit to another sexual act or to perform such an act, is liable to imprisonment for up to 3 years. 

    § 2. If the act specified in §1 has been committed to the detriment of a minor, the offender is liable to imprisonment from 3 months to 5 years. 

    § 3. The penalty specified in §2 applies to anyone who makes a minor perform sexual intercourse or to submit to another sexual act or to perform such an act, by an abuse of trust or by giving him a financial or personal benefit, or its promise.

    Art. 200. § 1. Anyone who has sexual intercourse with a minor under the age of 15, commits any other sexual act, or leads him or her to undergo such an act or to execute such an act, is liable to imprisonment from 2 to 12 years. 

    §2. (invalidated)

    §3. Demonstration of pornographic content to minors under the age of 15 years, or provision of materials and objects of a pornographic nature to such a person, or distribution of pornographic content in such a way that it is possible for the minor to become acquainted with it, is liable to imprisonment for up to 3 years.

    §4. The penalty specified in §3 applies to a person who demonstrates acts of a sexual nature to a minor under the age of 15 for the purpose of his own sexual gratification or the sexual gratification of another person.

    §5. The penalty specified in §3 applies to a person a person who advertises or promotes the activity of distributing pornographic content in such a way that it is possible for a minor under the age of 15 to become acquainted with it.

    Art. 200a. § 1. Anyone who, in order to commit the offence specified in Article 197 § 3 section 2 or Article 200, as well as for the purpose of producing or preserving pornographic materials, by an information system or telecommunications network, establishes a connection with a minor under the age of 15, with the intention of using deceit or an illegal threat to meet with him or her, is liable to imprisonment for up to 3 years. 

    § 2. Anyone who, through an information system or telecommunications network, makes an offer to a minor under the age of 15 of sexual intercourse, submission or performance to another sexual act, or participation in the production or preservation of pornographic material and intends to carry through this offer, is liable to a fine, the restriction of liberty or imprisonment for up to 2 years.

    Art. 200b. Anyone who publicly propagates or approves pedophiliac behavior is liable to a fine, the restriction of liberty or imprisonment for up to 2 years.

    Did our instructions help?

    When compiling the instructions, we relied on the help of volunteers and lawyers from different countries. If something went wrong — the organization didn’t respond to you, you found a bug or the instructions weren’t precise enough — tell us about it. Email us at: help@labirint.online

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