Podstęp jako znamię przestępstwa zgwałcenia a uboczne motywy podjęcia decyzji o obcowaniu płciowym
Deception as an element of rape and second side motives of the decision to engage in sexual intercourse

Summary/Abstract: The article deals with the issue of secondary motives for making decisions about sexual intercourse from the perspective of deception as one of the hallmarks of the crime of rape. At the outset, the author gives examples of situations in which a person decides to have sexual intercourse under the influence of a mistake about the secondary motives of this decision to facilitate further considerations. The article aims to break the accepted line of interpretation, according to which only misleading about the significant – not secondary – motives of the decision to engage in sexual intercourse can be treated as rape by deception. Using various methods of interpretation and making use of the findings of the literature and jurisprudence, the author presents arguments for and against the differentiation of side and important motives for the decision to undertake sexual intercourse. From the point of view of the subject of protection of the crime of rape – sexual freedom – this division does not seem to be justified, depriving a group of people, especially those engaged in prostitution, from criminal law protection. At the same time, the strength of the arguments against the change in interpretation leads to the claim that there is a legal loophole in this respect and the need to start an in-depth discussion on the rational interpretation of the sign of deception.

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