.svg){kind=logo}
.svg){kind=logo}
Any report from passengers regarding a compromised sense of safety on a FREENOW ride - regardless of its extent or what driver behaviour affected it - will result in a permanent lockout of the driver on FREENOW and immediate termination of the contract. In any case that requires it, FREENOW is willing to work with law enforcement to help them gather all information and apprehend the perpetrator.
Do not glance at her in a meaningful way, or make sounds, such as smacking, that are meant to get her attention.
Compliments can be taken the wrong way when the woman is alone with the driver. This affects her sense of security.
The line of joking is thin, especially with subtext, which is unacceptable towards female.
Do not force a conversation if you can see she doesn't feel like talking. This goes for all other passengers as well.
Do not ask where she is going or what she is doing unless the passenger initiates the topic herself. Even then, don't be pushy and ask for details.
Never ask a passenger for a contact, such as a phone number or a lead on a social networking account.
If a passenger is unable to express her will because, for example, she has a disability, is under the influence of drugs, or appears tired, this is not a reason to violate her dignity and privacy!
Do not, under any circumstances, make any bodily contact with a passenger.
Remember! If a person is unable to express their will and the other person violates their dignity and privacy zone without explicit consent - this is harassment!
Harassment is a prohibited and punishable act in Poland, and it has a long-term effect on the other person’s psyche and health.
Poland has gender equality - which means that women and men have equal rights and equal responsibilities.
Selected issues concerning criminal liability in Poland for the crime of rape will be presented below.
In Poland, any sexual activity requires consent. Therefore, any sexual activity performed against the victim’s resistance is called "rape" in Polish law.
Resistance (of the victim) does not have to involve physical resistance to the means of coercion used by the perpetrator, but may involve other forms, such as crying, verbal statements, struggling to get free, or attempts to call for help.
Certain sexually motivated conduct is prohibited under criminal law. The crime of rape - Article 197 of the Criminal Code
§ 1 Whoever by means of violence, unlawful threat or deceit induces another person to have sexual intercourse, shall be subject to the penalty of deprivation of liberty for a term between 2 and 12 years.
§ 2 If the perpetrator, in the manner specified in § 1, induces another person to submit to another sexual activity or to perform such activity, they shall be subject to the penalty of deprivation of liberty for a period between 6 months and 8 years.
3. If the perpetrator commits rape:
1) jointly with another person,
2) to a minor under 15 years of age,
3) to an ascendant, descendant, adopted, adoptee, brother or sister, shall be punished by imprisonment for a term not shorter than 3 years.
§ 4. 3) to an ascendant, descendant, adopted, adoptee, brother or sister, shall be punished by imprisonment for a term not shorter than 5 years.
It is clear from the wording of the above provision and the case law of the courts that:
1) The protection of sexual freedom includes the right to decide the place, time, manner and other conditions of the activity to be undertaken,
2) Rape consists in the fact that the perpetrator, by means of violence, unlawful threat or deceit, induces another person to have sexual intercourse or to submit to another sexual act or to perform such an act.
(a) Sexual intercourse is defined as classic (heterosexual) sexual intercourse (coitus), as well as other activities that are substitutes for it, such as anal intercourse (including homosexual) and oral intercourse that imitates sexual intercourse, and the penetration of the woman’s genitals with the hands or the use of objects for that purpose;
(b) Other sexual activity is conduct involving bodily contact between the perpetrator and the victim or of a sexual nature, such as the perpetrator touching the victim’s genitals (including through underwear or clothing) or forcing the victim to touch their own or a third person’s genitals, touching the victim’s breasts, other acts in contact with the victim’s body (e.g., certain types of touching or kissing, inserting a hand under underwear or into pants). Other sexual activity may also consist of conduct that does not constitute bodily contact, such as when the perpetrator forces the victim to expose herself, perform masturbation, etc.
FACT: In Poland, a woman has the right to use a cab by herself at night and no one has the right to force her to have sex with him by force, threat or deceit.
Even if she flirts, it does not indicate that she is giving permission for a sexual relationship.
FACT: A woman who dresses attractively or acts boldly is not doing so to be raped. No one wants to experience rape and no one has the right to force someone to have sex against her will. What the woman was wearing when she was raped is irrelevant. A person who has experienced rape is never guilty. It is not the clothing that rapes, but the rapist.
FACT: Whether a person was under the influence of alcohol or other psychoactive substances does not excuse rape. Having sex with someone who is incapable of giving consent due to the effects of alcohol or drugs is rape. Alcohol and drugs never justify rape. It is not the alcohol that rapes, but the rapist.
FACT: The fact that the person being raped does not defend himself or scream is not proof that the rape did not happen, only that it was extremely traumatic. Just because a woman has no visible injuries or did not resist does not mean she was not raped.
