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These laws are being made by people who know what heterosexual sex is, presumably.
I know many readers are proud incels, so I guess it’s necessary to explain.
Firstly, in order to have sex with a woman, she has to be alone with you, voluntarily, in a private place. Unless you kidnapped her, she is there voluntarily. Alone with you. In a private place.
When you are trying to have sex with the woman, she will often say “no,” while giggling. She will playfully act as if she’s trying to prevent you from removing her clothes, while you playfully remove them.
In many such situations, “no” will be the last word you hear before she starts moaning.
I’m not endorsing fornication. But this is traditionally how it occurs. Both parties are aware that this is a kind of mating ritual.
If she actually does not want it, the man will probably notice and stop. But if he’s drunk or just not getting it, she can scream. She can bite him. She can scratch him.
An actual “rape” as we used to think of it is an act of violence. It is an assault. You have to hold down a screaming woman, and probably punch her or use a gun or knife to intimidate her.
I’m of the opinion personally that if a woman enters a private place with a man voluntarily, “rape” is impossible. At the very least there has to be proof of some kind of violence. If it happens, the woman needs to go to the police as soon as she escapes the man, and the police can see if she has been physically damaged.
In most countries, historically, even if a woman had scratches or something, if she said “I was in that man’s room and then he raped me” the police would say “how did you get in his room? Did he kidnap you?” and if the answer was “no, I went to his room alone with him to have a drink,” the police would laugh and tell her to leave the police station.
Note: If the man gets her in a room alone and then beats her up or threatens her with a gun or something, that is obviously a separate matter, but those are different crimes than rape.
“Positive consent” criminalizes heterosexual sex.
A large majority in the Sejm, the more powerful lower hour of parliament, has approved a change to Poland’s rape law that would make it a crime to engage in sexual intercourse without the consent of the other person.
The current law – which dates back to 1932 – defines rape as an act that “subjects another person to sexual intercourse by force, unlawful threats or deception”. It does not specify lack of consent as a criterion.
That has resulted in rulings such as one in 2020 in which a man was acquitted of raping a 14-year-old girl because the judge accepted his argument that the fact she did not scream during the act meant that the perpetrator did not use violence.
Today, 335 members of the 460-seat Sejm voted in favour of a proposal by The Left (Lewica), one of the groups that make up Poland’s ruling coalition, to define sexual intercourse with “a lack of conscious and voluntary consent” as rape.
Most of those votes came from the ruling coalition, whose members range from the left to the centre-right. The only major party to vote entirely against the measure was the far-right Confederation (Konfederacja).
The national-conservative Law and Justice (PiS), which constitutes the main opposition group, was divided: 94 of its MPs voted in favour of changing the law, 26 were opposed while 47 abstained and 22 did not participate in the vote.
During a debate on the bill yesterday, some MPs from Confederation and PiS argued that it would deprive men of the presumption of innocence and could be used by women to falsely accuse men of rape.
“The new law is pure demagogy and de facto a gift for ruthless and vindictive women who will now be able to use this law to attack their former lovers,” said PiS MP Grzegorz Lorek, quoted by broadcaster TVN.
“This bill introduces a de facto presumption of guilt, a presumption of guilt that every person accused of rape will have to prove that he or she is not a criminal,” added Witold Tumanowicz of Confederation.
However, another PiS MP, Agnieszka Wojciechowska van Heukelom, declared that she supported the bill because “a woman’s will, a woman’s awareness when engaging in a sexual act is very important, so I am absolutely on the side of women”.
So…
That’s insane.
And let me say, in terms of the whole fornication issue: it is best to get married before sex. That is ideal. However, a lot of marriages, since the beginning of time, happened after the first sexual encounter.
It’s not actually wholesome, but it seems wholesome now: a woman has sex with a man then goes and tells her dad, then the dad goes to the man and says “you know what this means right, bro?” And the man is like “aw, shucks.” Then they get married.
But even if it is just base fornication – how is that the business of the government? And like, virtually everyone that is having sex (not many) is doing fornication, because of feminism. It’s lunacy, to outlaw normal sex in this manner.
Especially in a country with a collapsing birthrate.
Maybe there are some other problems in Poland that the government might want to look into before diving into consent theory?
Snake Baker contributed to this article.
