“این عکس یک نمونه است”

“This photo is an example.”
Mohammad Taher Industrialist

If you sit in online networks or public spaces, family gatherings and friendly gatherings of Iranians and talk about “rape”, you will probably see that many people have a stereotypical image of rape in their minds: that it is necessarily a “man” in a place far from the eyes of everyone and very secretly and by force and “coercion” and sometimes even with beating and physical altercation, only “forces” a “woman” or “child” to engage in sexual acts.

It is certainly true that such an act is a violation, but the modern definition of violation in progressive laws is much broader than such an incident and covers a larger scope. Of course, this traditional perception of violation may also be due to the laws governing Iran; because in those laws, violation is usually considered a crime in case of coercion and with “removing virginity” or “complete penetration”. Therefore, it is better to use the terms “sexual abuse” or “sexual harassment” instead of violation here, so that we can address this issue more accurately.

From a legal perspective, we do not have anything called sexual harassment in Iran. Either an incident of assault has occurred (which is subject to full penetration), or molestation or an illicit relationship without marriage. In the legal system of Iran, molestation and illicit relationships without marriage are considered crimes only when both parties have given their consent (meaning they are not considered “sexual harassment” or “sexual abuse” on paper or in the text of the law, and a form of consent is implied in these terms and words). The main cases related to sexual issues in the law are limited to these few cases. In other words, sexual harassment is not a crime in Iran. Although the term “sexual harassment” is mentioned in the media and even by officials and authorities, there is no precise criminalization of it in the law. It is still unclear what is meant when one of the authorities uses the term “sexual harassment/abuse” or the word “assault”; recently, Seyyed

The legal system governing Iran is based on Islamic law and its judicial principles are not scientific, but rather based on the judge’s discretion. In such a system, it is not surprising that we have retributive laws and inhumane punishments that are not accountable to the issues of today’s world. For example, in Islamic penal law, proving sexual assault is very difficult and can only be done through the confession of the accused four times or the testimony of four adult men, or ultimately, based on the judge’s discretion and evidence. If proven, the punishment is execution, and sometimes even with the forgiveness of the victim, there is still a possibility of execution. Aside from the fact that execution is an inhumane punishment, these strict laws have caused some judges and even victims to refrain from seeking justice. If the death penalty was removed from the laws, these conservative actions would likely decrease and there would be a better space for the truth to be revealed. Apart from these issues, in Iran

Another example of backwardness and paralysis of laws in Iran is the cases of abuse of power for sexual relations. Nowhere in the Iranian judicial and legal system has this issue been addressed, while in developing countries such as Canada, the United States, Australia, and many European countries, attention has been paid to this issue. For example, in Toronto, a theater director named Albert Schultz was forced to resign from his position of power and influence in his company; as three legal cases were filed against him by actors who accused him of being a “serial predator.” He resigned within 36 hours. This incident led to his complete expulsion from the artistic community, to the point where he will never have the right to direct, act, or engage in any artistic activities again. (3) In the United States, we also witnessed the decisive action of the law against a famous and prominent figure like Harvey Weinstein, and given similar issues regarding Kevin Spacey and Dustin Hoffman, it is likely that legal action will

As mentioned before, all of these issues are considered in Western laws, not in the Iranian judicial system. Apart from the ambiguity of laws in Iran, the general public (due to lack of education) is not only unaware of such rights and violations, but sometimes even takes sides and condemns the victims. An example of this was the revelation of sexual relationships between Aydin Aghdashloo and his students/artists, which had been covered up for years by Eshin Parvarish. (5) When, according to the decision of some of the victims, the emails of Aghdashloo were published, we saw that many social media users claimed that because those artists/students had engaged in such relationships for the sake of their position, they are considered to be selling themselves and do not have the right to blame Aghdashloo.

These individuals do not ask themselves why someone should be put in a position to make this choice and receive this sexual proposition; in a way that if they reject such a request, they may harm a part of their future and life. Even if we assume that the students themselves have entered into sexual relationships with their teachers in order to get closer to the top of the power pyramid, we still need to ask why a person in a position of power should show a green light that, in case of intimacy, their subordinates will benefit from their desires?

It should be noted that public opinions usually play a role in selecting these types of fronts; in the same example, part of the public was busy condemning and labeling Aghdashloo as a “traitor” while others went even further and discussed breaking Aghdashloo’s privacy with his students. While publicly exposing individuals’ crimes is not related to “privacy”, victims have the right to shame the abuser in any way they can. However, when we compare this to the story of Saeed Toosi, we see that public opinion rises unanimously and without any doubt or suspicion against the perpetrator; apparently, when the perpetrator is associated with the government or religion, no one doubts their guilt, but if the abuses of a so-called “intellectual” are exposed, many take a stance against them, perhaps because the government itself is involved in their destruction. Of course, all of these reactions from the public are a result of the wrong and ongoing policies of the government.

Another legal vacuum in Iran is related to issues of sexual abuse and harassment, specifically within the LGBTQ+ community. Among this group, the problem is even more complex and widespread due to the fact that the existence of all LGBTQ+ individuals is generally denied in our laws. Except for a small portion of this group (transgenders), the rest of the LGBTQ+ community in Iran is denied and not only deprived of all their rights, but also subjected to various inhumane punishments. Transgenders can only remain in Iran and live, study, and work as normal individuals if they undergo gender reassignment surgery. In other words, gender reassignment surgery is mandatory for them in Iran. There have even been cases where, for example, a homosexual man has been forced to undergo gender reassignment surgery to avoid punishment. Aside from these issues, the issue of sexual abuse for these individuals is even more complicated in terms of public perception. Some people believe that if a man is homosexual, he should not

This case and this strange statement, without considering power dynamics and educational relationships, without considering the age of children between 8 and 11 years old who are all minors (under 18 years old), and without taking into account the possibility of abuse towards homosexuals, has been mentioned. Sexual abuse of children is one of the problems in laws. Even what legally exists in Iran, where a father can marry off his underage daughter with the “permission of the court” and “considering the best interest”, can be considered not as marriage, but as abuse towards a child; because that child, for example 12 years old, does not have decision-making power and is considered a minor.

Notes:

Hashemimoghadam, Amir, Mr. Abtahi! Do you know what “lifting the veil” means for a five-year-old girl? Fararu, June 15, 2018.

2- “Moghazi, Afruz, Parvande-ye Reyhaneh Jabbari; Baznegari-ye Qanun ya Talab-e Bakhshish?”, BBC Persian, 22 Farvardin 1393

2- “Moghazi, Afruz, The Case of Reyhaneh Jabbari; A Review of the Law or a Plea for Forgiveness?”, BBC Persian, April 11, 2014

3- Nestruck, J. K. (2018, January 12). Questions still hang over Soulpepper Theatre. The Globe and Mail.

The article titled “Questions still hang over Soulpepper Theatre” was written by J. K. Nestruck and published on January 12, 2018 in The Globe and Mail.

4- Harvey Weinstein was officially accused of sexual assault and misconduct, BBC Persian, 31 May 2018.

Support Afsheen’s campaign against American bullies, visit Mr. Parvarish’s personal page on Facebook, November 5th, 2017.

6- Sarmi, Niousha, Justification of School Violence; It was a two-sided tendency, Online Day, 5 Ordibehesht Month 1395.