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WPŁYW KLINIK NA PRZYSZŁOŚĆ SPOŁECZNĄ

a much bigger problem than false rape accusations, is the issue of Directions for a clinical educational profile about
victims not reporting the crime, as well as dropping the charges the cases of the crime of rape
due to the fear of secondary victimization and additional stress. During my graduate studies, I interned at a legal clinic in the an-
Given the above, it is important to teach students not only the le- ti-discrimination and anti-gender-based violence section. One of
gal aspects of a case but also empathy and sensitization to certain the cases handled by the students involved the crime of rape where
problems and raise young people’s consciousness in this aspect. It a young girl was the victim. One of the most important aspects
can be achieved by using the following methods: working on case that emerged during that case was to understand not only the facts
studies, thorough analysis of data regarding false and withdrawn themselves but more importantly to place the case within the ho-
testimony, understanding the problem of unreported rape crimes, listic issue of violence against women. To understand the complex-
as well as student debates concerning socio-cultural conditions. ity of the issue, it was necessary to examine it, among other things,
Students solving the case of a person who comes to a clinic as in the context of persistent discrimination against women present
a victim of rape must be aware of the social and cultural condi- not only in legal solutions but also observable in the activities of
tions that influence the stigmatization of victims. The role of various entities, including the judiciary.
a clinic in this regard is crucial because its participants should be Firstly, classes should include learning about the historical and so-
aware of the stereotypes and accusations that victims must face. cial exclusion of women that has occurred over the centuries and
Not only in the context of problems with the normative inter- the resulting consequences for women to this day. Secondly, stu-
pretation of the crime itself, but also in connection with the so- dents should analyze the above crime by taking into consideration
cial perception of it. This is linked to the social status of women, the achievements of feminist thought, which basic assumption is,
who are most often the victims of these crimes and are affected among others, the thesis according to which “existing knowledge
by cultural and gender biases based on centuries of social, polit- was created from the male point of view, and the construction of
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ical, and legal discrimination. Torrey points out four common knowledge is gendered” . More attentiveness and openness to-
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allegations made against victims of rape: 1) only women with bad wards a critical view of the law will allow for a deeper understand-
reputations are raped; 2) women provoke rape by their behavior ing of the structure of male domination and female submission,
and appearance; 3) women are vulnerable to sexual fantasies; and which also has its manifestations in criminal law. This is particu-
4) women motivated by revenge, jealousy, guilt, or shame falsely larly visible in Polish law, which does not fully realize the postulate
claim to have been raped despite consenting to sexual intercourse. of protecting the victims of rape. As discussed above, it upholds
This whole set of beliefs creates rape culture and, on the one hand, sexual freedom rather than sexual autonomy. Thus, the Polish reg-
reinforces stereotypes about women’s innate submissiveness and ulations are not compatible and adjusted to the requirements set
passivity and, on the other hand, creates a false image of mas- forth, among others, by the Convention on preventing and com-
culinity understood as a “macho” syndrome – a confident, sex- bating violence against women and domestic violence, which im-
ually aggressive man for whom “no” does not always mean “no”. posed on countries the obligation to effectively prevent and pe-
This contributes to the perception of rape as an act that happens nalize the crime of rape based on the requirement of “consent”.
only in exceptional situations, and one in which the victim also The definition in the Convention protects the sexual autonomy of
“is guilty to some degree”. The education of young lawyers should the individual by explicitly including a provision on the required
therefore take into account not only the current legal regulations consent to sexual intercourse. In the case of Article 197 of the Pe-
but also comprehensively consider the issues related to the par- nal Code, on the other hand, the absence of consent is found in
ticular social perception of rape. This includes the issue discussed the victim’s need to resist.
above, namely the accusations of false confessions made by fe- During classes, it is also important to seek opportunities that
male victims. As Brownmiller points out, the male fear of false could lead to increased women’s participation in lawmaking. One
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rape accusations is permanently built into the laws governing this method of doing so is to ask the so-called “women’s question”.
crime in the form of special “rules of evidence” that are noticea- By posing that question it is possible to seek if women’s perspec-
bly absent from the rules for other types of violent crime. In no tive has been considered while the legislation has been posed.
other crime, these allegations appear so frequently and are not A perfect example of a crime where women’s perspective is crucial
so readily accepted by the justice system. This is an issue that un- is rape and Article 197 of the Penal Code which should be con-
doubtedly needs to be raised and addressed in clinical teaching. sidered in making and interpreting this provision. As indicated
Students need to be able to identify and address the issues that in the literature, “in law, the so-called ‘women’s question’ means
will arise about this specific crime consciously and sensitively. It is to examine how the law fails to consider experiences and values
important to draw the attention of “novice lawyers” to the “stand- that seem more typical for women, for what reason or in what
ards” that are still present in the public consciousness and that way do existing legal norms and concepts, disadvantage women?
often arise at different stages of the proceedings – from the mo- The question assumes that some features of the law may not only
ment of testimony to trial. With that knowledge, they will be able be non-neutral in a general sense but also “masculine” in a particu-
to spot in time attempts to shift the blame to the victim. This lar sense. The purpose of the women’s question is to expose these
is also important in the context of building an open space, free features and to suggest how they might be corrected” .
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from prejudice, and sensitivity toward any rape victim who comes In the case of rape, it is necessary to understand how it has been
to the law clinic seeking help. perceived over the centuries – historically, socially, and culturally
and how this has affected its perception to this day. Furthermore,
it is necessary to consider (in the form of discussion and using

50 E. Rekosz-Cebula, Kryminologia feministyczna, Archiwum Kryminologii, T. XXXVI,
M. Torrey, When Will We Be Believed? Rape Myths and the Idea of a Fair Trial in 2014, p. 11.
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Rape Prosecutions, UC Davis Law Review, Vol. 24, No. 4, 1991, p. 1014‒1015. 51 C.G. Bowman, L.A. Rosenbury, D. Tuerkheimer, K.A. Yuracko, Feminist Jurispru-
S. Brownmiller. Against Our Will. Men, Women and Rape, 1975, p. 309. dence. Cases and Materials, 1994, p. 102.
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