Studying the crime of child and women in the commission of sexual crimes; The International System for Human Rights and the Iranian Legal System

Publish Year: 1397
نوع سند: مقاله کنفرانسی
زبان: English
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LAWHAMAYESH02_028

تاریخ نمایه سازی: 11 شهریور 1397

Abstract:

Rape is one form of crime that has now been criminalized in almost all countries. As is evident, an important element in realizing it is that the perpetrator has to use force and power to establish sexual relations with the other person. In this regard, the opposite person, of course, comes to resist and defend himself, but ultimately the perpetrator comes to his advantage with superiority. During many years of criminalization of this practice, many questions have been posed to lawyers and ordinary people, sometimes legislators have treated them indifferently. The most important of these questions relates to the concept of the lack of satisfaction of the victim, as one of the constituent elements of this crime. Which means, in essence, what is satisfaction, what is meant by the lack of consent in the realization of the crime of rape Throughout this paper, we have tried, in the context of a comparative study between the Iranian legal system and the international human rights system, toreconstruct the role of children and women in the crime of rape with the aim of further coordinating with the social realities of the present day. This applied study ultimately It will lead to proposals to prevent the crime of sexual assault.

Authors

Iman Salmani

Master of Criminal Law & Criminology