Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Legislative Policy Governing the Response to Sexual Crimes in the Legal System of Iran and England

Document Type : Original Article

Authors
Hosseinali Zohreh Manesh Rostami 1
Behnam Ghanbarpour 2
Hasan Hajitabar Firoozjai 3
1 PhD student, Department of Criminal Law and Criminology, Ayatollah Amoly International Branch, Islamic Azad University, Amol, Iran.
2 Assistant Professor, Department of Jurisprudence and Islamic Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran. (Corresponding Author)
3 Associate Professor, Department of Criminal Law and Criminology, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran.
10.22034/jccj.2022.370203.1128
Abstract
The response system to sexual crimes is different according to the legislative policy of each country. In the Iranian legal system, the response system can be called jurisprudential and legal. English legal systemon is based legal doctrine and judicial procedure. It seems that Iran's legal system has performed better in responding to these types of crimes, and the scope of sexual crimes is determined according to jurisprudence texts, and the conditions for proving these types of crimes and how to deal with them are also different. In English legal system, which is derived from the common law, any sexual behavior that takes place without consent is considered as a crime, and this standard is the same for all sexual crimes. The current research aims to investigate the legislative policy governing the response to sexual crimes in the legal system of Iran and England, using a descriptive and analytical method, and has reached the conclusion that the response to sexual crimes in legal system of Iran is based on jurisprudence and in the British legal system is based doctrine and judicial procedure.
Keywords
Sexual Crime
Prostitution
Adultery
Comparative Criminal Jurisprudence
Volume 2, Issue 1
Winter 2022
Pages 95-106

  • Receive Date 30 December 2022
  • Publish Date 21 March 2022