STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION (SLAPP) IN LIGHT OF DISCLOSED SEXUAL VIOLENCE AT UNIVERSITIES IN POLAND – GENERAL REFLECTIONS RELATING TO LEGAL REGULATION AND PRACTICE

Abstract

This publication aims to present the problem of disclosed sexual violence at higher education institutions in Poland in the light of available anti-discrimination regulations introduced at the University of Warsaw and standards provided by national and EU law. The paper further presents de lege lata institutions used in Poland as SLAPPs with a critical assessment of them and legal instruments possible to use in defence against retaliation. The study proceeds to present de lege ferenda solutions. Within the framework of the developed proposals for legal changes, an analysis is made of actions taken at the international level, particularly within the European Union, which constitute proposed legal regulations aimed at preventing legal retaliatory actions in the future. The analysis of the regulations contained in EU documents was aimed at investigating whether the guidelines enacted take into account effective protection of persons who, by disclosing their experience of sexual violence, expose themselves to retaliatory actions from the perpetrators.