This paper is devoted to a discussion of current Polish regulations on the protection of sexual freedom, their faults and the need for changes. The definition of rape in Polish criminal law requires the use of certain modes of action by the perpetrator, ie violence, unlawful threat and deception. Such an approach to rape deviates from international standards, especially the Istanbul Convention, which requires the introduction of a definition based on the concept of consent. The paper analyses in detail the various elements of the definition of rape and the evolving views of doctrine and jurisprudence on the interpretation of these elements, which, in an attempt to broaden the protection of sexual freedom and adapt it to current needs, often deviates from the linguistic meaning. It also analyses the changes which have taken place in recent years within the scope of sexual freedom protection, ie adding new qualified types of rape and increasing criminal sanctions. These changes were in fact implemented in the spirit of the criminal policy of the time, but did not respond to the real problems, ie the indicated defect of the definition of rape. The author comes to the conclusion that despite the observable change in jurisprudence concerning the interpretation of the elements of rape in Poland, a new definition of this crime based on the concept of consent is needed, as the one currently in force does not protect against every sexual act performed without mutual consent, making the protection of sexual freedom fragmentary.