نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The purpose of this study is to examine the approaches to criminal protection of victims of sexual assault within Shiite jurisprudence (Fiqh) and the Iranian legal system, with particular emphasis on the criminalization of such conduct, its distinction from consensual sexual relations, and the role of consent in determining the legitimacy of sexual relations. The research adopts a descriptive–analytical methodology based on the examination of jurisprudential sources, criminal legislation, and relevant judicial practices. Sexual assault constitutes one of the most severe violations of human dignity, producing profound psychological, physical, and social consequences for victims and society as a whole. The findings indicate that both Islamic jurisprudence and Iranian law criminalize such conduct and prescribe severe punishments. In Iranian law, consent does not negate the criminal nature of sexual offenses, and consensual illicit sexual relations still give rise to criminal liability due to their unlawful character. Within the Iranian legal framework, owing to the absence of clearly defined limits on spousal sexual obedience and the lack of explicit criminalization of marital sexual violence, criminal or civil liability of the husband may only be established by invoking general jurisprudential principles such as the principle of no harm (La Darar), the prohibition of hardship and harm (Nafy ‘Usr wa Haraj), and the principle of good marital conduct. Nonetheless, a significant challenge remains the failure to explicitly criminalize marital rape in Iran’s penal system, which creates a protective gap for victims within the family context. Moreover, existing criminal protection mechanisms—particularly regarding psychological support services, legal counseling, and access to forensic medical examinations—are inadequate, and the difficulty of proving sexual offenses constitutes a major obstacle to effective prosecution. This study underscores the necessity of strengthening victim-support mechanisms, enacting clearer legal regulations, and expanding social education on sexual violence. Ultimately, the integration of precise criminalization, ...
کلیدواژهها English