Proactive and Reactive Prevention of Sexual in the Legal System of Iran and England

Zohreh Manesh Rostami, Hosseinali; Ghanbarpour, Behnam; Hajitabar Firoozjai, Hasan

doi:10.22034/jccj.2023.386169.1196

Proactive and Reactive Prevention of Sexual 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.2023.386169.1196

Abstract

Sexual crimes have been considered as the most important types of crimes from the past until now, in such a way that this issue is also mentioned in the Holy Quran and jurisprudence texts, and appropriate responses have been made according to the type of crimes, and the basis of Iranian law is also based on this. The issue of responding to sexual crimes in English law consists of legal doctrine and judicial procedure; Because British law is derived from the Common Law legal system. Any sexual behavior committed without consent is considered a crime and this criterion is the same for all sexual crimes. Both types of prevention have been paid attention to in Iranian and English laws, but in the field of growth-oriented prevention, British law has performed better. Therefore, the current research aims to investigate the response to sexual crimes in the way of proactive (non-criminal) and reactive (criminal) prevention in the legal system of Iran and England, using a descriptive and analytical method. According to jurisprudence and legal texts, a reaction in sexual crimes in Iran has a better performance than English law, even though the scope of sexual crimes has been extensively studied in English law.

Keywords

Sexual Crime

Active Prevention

Reactive Prevention

Punishment