Minister Kolíkováwants to change the definition of rape . Whether this is a good or bad proposal , we cannot judge , because we do not have the full and literal text of her proposal. When tightening the criminal law in this area, great care must be taken to ensure that the legal regulation is defined in such a way that there is no room for its abuse. It is also important that court experts specializing in rape are sufficiently involved in the creation of legislation, so that on the one hand women are sufficiently effectively protected, and on the other hand, that there is no room for abuse of this legislation in the case of a false accusation of rape. According to available information, Kolíková does not consult with experts and in this area only listens to the lay, unprofessional public, such as non-governmental organizations, including feminist organizations. Feminists should not meddle in these matters, because they are disappointed women who were unlucky with men, had unsuccessful relationships, and therefore feel injustice and prejudice against men. Such people would like to create legislation that would create a large space for women to abuse the legal regulation for false accusations.
In many Western countries, the definition of rape is so strict that the parties involved sign consent forms for sexual intercourse. This is out of fear of false accusation. I wish it were a hoax, but it seems it is not. It would be a big mistake if normal sexual intercourse were subject to fear of false accusation.
With an unclear definition of rape, it will not be clear whether a man should ask for verbal permission from a woman before each sexual intercourse. Or if a man wakes a woman up in her sleep for the purpose of sexual intercourse, whether the law will allow this to be interpreted as rape, even if the partners are in mutual harmony.
While in the past, sexuality was attacked by the church, today it is attacked by disappointed women from feminist movements pushing their dubious definition of rape into politics, when normal sexual intercourse becomes the subject of fear of false accusation.
It seems that Minister Kolíková also had bad experiences with men – I firmly believe that she will not carry this disappointment into politics in connection with the legislative amendment on rape. According to publicly available information, Kolíková does not have a child, has never been married, and is not known to have a partner.
There can be several reasons for a false accusation of rape: a way of resolving conflicts between partners, a tool for blackmail, for example, to obtain money.
Unfortunately, even stricter criminal law will not solve the most frequent and common forms of sexual violence. When two partners take out a joint housing loan, and later it stops working out, it can be extremely complicated for the woman. Leaving the apartment can be financially disadvantageous as she has already paid a large part of the mortgage, and getting the entire apartment for herself is also unrealistic. Such a woman can practically be raped against her will for economic and existential reasons. The solution would be cheap rental apartments, which are not available in Slovakia.
Another, somewhat similar situation is when, for economic and existential reasons, breaking up with a partner with whom a woman does not get along may be practically impossible, especially if she also has children. Leaving a partner and ending up on the street with children is not a solution, and affordable rental housing is unavailable in Slovakia. Affordable rental apartments would again be a solution.
A new weapon in divorce proceedings? False accusations of sexual abuse. In recent years, false accusations of sexual abuse have become a weapon in the fight for children during divorce or separation. Some women resort to it to prevent their ex-husband or partner from contacting their offspring. In practice, police officers, social workers, judges, psychologists, and experts who help victims of crime encounter false accusations.
https://prima.iprima.cz/zpravodajstvi/nova-zbran-u-rozvodu-krive-obvineni-ze-sexualniho-zneuzivani
Why shouldn't MPs vote for a change in the definition of rape?
- This is a proposal from an extreme feminist movement. Feminists are women who are disappointed in love, disappointed in men, women with wounded and complex personalities from failed relationships. These are women who are prejudiced against men. Former Minister Kolíková, who came up with this proposal, is also disappointed in men.
- The proposal is ideological and has not been discussed with experts who are actually specialized in this topic. There have been hoaxes that the proposal supposedly came from the experts' workshop. This is not true.
- Only three countries have a controversial definition of rape that requires active consent: Denmark, Sweden, and Great Britain . This is a legal experiment. I see no reason why Slovakia should become part of such an experiment. Where are we rushing?
- The current definition of rape also requires active consent, and there are cases from legal practice where perpetrators have been legally convicted due to the absence of active consent. It is not necessary to tighten this definition.
- Section 199 of the Criminal Code refers to the abuse of the victim's helplessness, which in practice means requiring active consent. I quote the Criminal Code : "whoever abuses her helplessness for such an act"
- A big problem can arise if the term "active consent" is defined too broadly. It is essential to define very precisely what is meant by it. Former Minister Kolíková spoke of an extremely broad and undefined meaning of this term. Such a definition can create ample room for false accusations. It is enough for a partner to wake up his partner during sleep or semi-sleep at night in bed, and it will already be considered rape. In such a case, a wide scope is created for how a woman can resolve her marital dispute before divorce. A good way to take revenge on her husband. Such a form of false accusation will not be counted in official statistics as a false accusation, but as a full-fledged rape and a full-fledged criminal offense.
- Another reason for a false accusation may be that the mistress, under the threat of a criminal complaint, may blackmail her sexual partner to give her a specific amount of money.
- In Western countries where this controversial definition of rape has been adopted, men are so afraid of false accusations that they require their partners to fill out a written form before sex, confirming their active consent. Do we really want this in Slovakia, for people to be afraid of a normal, healthy sexual relationship?!
- Proponents of changing the definition of rape argue that such a legislative change will protect the victim even if they are raped under the influence of drugs or alcohol. Or that in the case of stress, the victim will remain stiff and unable to defend themselves. The current wording of the law also protects the victim in this case. We could discuss whether it is sufficient. This proposal of the radical feminist movement is too extreme in the opposite direction. We must seek a healthy balance.
- Personally, I have nothing against changing the definition of rape, but the term "active consent" must be very carefully defined so as not to create room for any misuse of this term, and relevant experts, not the feminist movement, must be involved in the creation of such legislation. We should also learn from the mistakes of three Western states that have embarked on this controversial experiment.
- In the case of Great Britain, there is a more detailed definition of the term "active consent" to avoid creating room for abuse of such wording, which is not the case with Kolíková's proposal. It could also be discussed whether the given definition is sufficient.
- A new weapon in divorce proceedings? False accusation of sexual abuse https://prima.iprima.cz/zpravodajstvi/nova-zbran-u-rozvodu-krive-obvineni-ze-sexualniho-zneuzivani