According to art. 200 par. 1 of Polish Penal Code:
Any person who leads a child under the age of 15 to sexual intercourse either to submit or to perform any other sexual conduct, shall be punished by imprisonment for between 2 and 12 years
Subject of individual protection
The above provision protects:
- The freedom to make decisions with discernment about one’s sex life,
Regarding the above subject of individual protection, it should be highlighted that the protection of sexual freedom is effective when:
- a minor cannot make and express his or her decisions (e.g. an infant),
- due to the immaturity of the minor, his or her decisions cannot be treated as adequately thought through (statutory age of consent – 15).
Controversy concerning the statutory age of consent of the minor
Would it be justified to reduce or raise the statutory age of consent?
Regarding the fact that physical maturity is ahead of the psychical and social maturity, reducing the age of consent seems to be unjustified. Therefore we should answer the question of raising the statutory age of consent.
Taking account of the average age of sexual initiation in Poland which is constantly decreasing it seems unnecessary to change the statutory age of consent.
translation: Angelika Żołnierczuk