Sexual crimes are one of the most important crimes for the security of individuals, and the legal systems of different countries have taken a different approach to such crimes. The purpose of this article is to examine the position of the principle of harm and harm in the criminalization of sexual crimes in Iranian jurisprudence and criminal law and European law. This article is descriptive and analytical, and it has investigated the mentioned subject by using the library method. The findings indicate that the implementation of Sharia laws and the observance of justice and the establishment of order are among the most important bases of criminalization in sexual crimes in Iranian jurisprudence and criminal law. In the meantime, of course, the principle of harm, since it harms the safety of the society or causes harm to the victims of sexual crimes, the criminalization of sexual crimes is effective. In countries like England, which plays an important role in European law, the principle of harm is much more important. Harm is an important principle in the criminalization of sexual crimes, both in terms of the damage suffered by the victim and the negative impact it has on the order of the society and ignoring the rights of individual and social freedom. The basis for determining loss in England and in European law countries is the principle of consent, and criminalization based on loss is only done in cases that were not done with consent. This is despite the fact that there is no basis for consent in Iranian jurisprudence and criminal law, and ignoring Sharia rulings and discussing damage to society's health is enough to criminalize it.