The extended approach of the legislator in accepting the repentance of the perpetrator in extreme crimes, although it has provided a possibility to reform the criminal through his voluntary reformation, but it leads to challenges regarding the repetition of the crime. The purpose of this article is to examine the question of how the use of the institution of penitence in sexual crimes of violence and reluctance has been in the context of game theory and deserving justice, and considering the criticisms of this legal provision, how should the institution of penance be. This article is descriptive and analytical, and has investigated the mentioned question by using the library method. The findings indicate that violent and involuntary sexual crimes are among the crimes that affect the order and Violent sexual crimes cause serious harm to women in the society in such a way that the victim is directly harmed by this crime and the society is indirectly harmed. It is for this reason that this crime, contrary to the prevailing opinion and the opinion of the legislator in Article 114, should be considered as a rightful crime and therefore repentance should not be accepted in it. It is suggested that the legislator amend Article 114 of the Islamic Penal Code and its note two, which is about fornication..