Reflections on the Challenges of Proving Domestic Violence against Women in the Evidence System

Basandeh, Nasim; Hajitabar Firoozjai, Hasan; Foroughiniya, Hosein

doi:10.22034/jccj.2022.350701.1051

Reflections on the Challenges of Proving Domestic Violence against Women in the Evidence System

Document Type : Original Article

Authors

Nasim Basandeh ¹

Hasan Hajitabar Firoozjai ²

Hosein Foroughiniya ³

¹ Ph.D Student, Department of Criminal Law, Faculty of Humanity, Ayatollah Amoli, Islamic Azad University, Amol, Iran.

² Associate Professor, Department of Law, Faculty of Humanity, Qaemshahr Branch, Islamic Azad University, Qaemshahr, Iran.

³ Assistant Professor, Department of Law, Farvardin Institute of Higher Education, Qaemshahr, Iran.

10.22034/jccj.2022.350701.1051

Abstract

One of the most important issues in the field of evidence structure of crimes in the criminal law system is the issue of adopting a gender centered approach, which has led to shortcomings and shortcomings in proving some crimes, including domestic violence against women victims. Findings of the study confirm that in the field of domestic violence against women, evidence of confession, testimony of witnesses, oath and knowledge of the judge have been affected by the victim's gender and women to prove domestic violence due to lack of witnesses, non-confession of husband and rejection of women's testimony They face challenges in some areas. The challenges of proving domestic violence against women, both in the field of enforcement, ie complaining and referring to law enforcement, judicial and forensic authorities, and in the field of justice and handling this issue in the courts, have affected and hindered the way for women to exercise their rights as women. The victim is domestic violence.

Keywords

Evidence of Litigation

Violence

Domestic Violence against Women

Gender-based Evidence