Justice for Victims 2.0: Leveraging Modern Technology in Rape Cases (2025-2029)
This grant was awarded in the OPUS – 28 competition of the National Science Centre.
Aims and analysis:
Across the EU, the legal definition of rape is shifting from a focus on violence or resistance to one centered on consent. This change aims to improve investigations, prosecutions, and victim protection, while addressing gaps in cases involving fear, power dynamics, or ongoing abuse. At the same time, the criminal process is being reshaped by digital technologies, including predictive policing, surveillance, digital evidence, and remote proceedings.
This project examines how technology can strengthen the protection of rape victims, arguing that redefining rape around consent alone is insufficient without a broader transformation of the justice system. The central research question is: How can criminal law and procedure be advanced in the digital era to improve the handling of rape cases and better protect victims?
The study focuses on four elements:
- Definition of Rape – Comparative analysis of evolving definitions, including challenges posed by virtual reality, and review of Polish court judgments applying the 2024 consent-based definition.
- Evidence – Examination of evidentiary standards, with emphasis on ECtHR case law, comparative approaches, and the role of digital evidence (texts, photos, videos).
- Procedure – Comparative study of proceedings in rape cases, including prosecution models, victim protection, the EU Directive 2024/1385, and use of technology such as remote interrogations and hearings.
- Right to Information – Evaluation of Directive 2012/29/EU standards, focusing on clarity and accessibility of victim information, and exploring technological solutions like real-time rights notifications.
Information on the project:
- Project leader: Karolina Kremens
- PhD candidate: Aleksandra Bodzioch
- Team: Dominika Czerniak, Wojciech Jasiński, Tomasz Piekot
- Amount: 1 034 060 PLN
- Granting institution: National Science Centre (OPUS 28)
- Registration number: 2024/55/B/HS5/02138
Summary: Justice for Victims 2.0-en.pdf
