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April in America is the month of awareness and prevention of sexual assault. Sexual violence is a crucial issue in public health, human rights, and social justice. “Sexual assault” includes any sexual behavior, activity, or contact that is imposed on an individual without their full and informed consent. Sexual assault is a form of sexual violence and can involve a sexual partner, sexual exploitation of children, sexual torture, incest, sexual assault within a marriage, and other behaviors, activities, and contacts that occur without full and informed consent.

A very important and key point in defining sexual assault is the lack of full consent from the individual, or when the individual is not capable of giving full consent. These cases include physical pressure, violence, threats, intimidation, disregarding the individual’s objections, inducing intoxication, or being under the influence of alcohol or drugs and not being able to consciously and willingly give consent to sexual contact and activity. In the criminal laws of America, “consent” is defined as a conscious, unambiguous, and positive decision to engage in sexual contact or activity.

• It can be terminated at any moment.

• Satisfaction with certain sexual behaviors is not equivalent to satisfaction with other sexual behaviors.

• Satisfaction in one case and one occasion does not mean satisfaction for other times and other occasions.

• A person who is medically or mentally disabled is not considered “satisfied.”

• Having a relationship or engaging in sexual contact in the past does not automatically imply consent.

• Contact or sexual behaviors with individuals under 18 years of age is not acceptable; because individuals under 18 years of age, who are considered children (according to international laws), cannot be held legally responsible.

• The satisfaction of individuals under the influence of drugs and alcohol is not acceptable.

• The consent of individuals who are in a state of sleep or semi-consciousness, not alert, or lacking physical or mental ability to make rational decisions, cannot be considered valid.

Furthermore, all individuals, including women, men, and a wide spectrum of those who identify as having diverse sexual orientations, are protected by law against sexual assault.

Sexual assault, which includes a wide range of non-consensual and intentional sexual behaviors, is considered a crime and has different punishments in different states. In addition to state laws, federal laws also consider minimum and maximum penalties for sexual assaults. In California, sexual assault can result in a prison sentence of 24, 36, or 48 months and a fine of $10,000 for the perpetrator, taking into account the physical, emotional, psychological, personal, educational, and other damages suffered by the victim. Federal laws can also consider up to 20 years in prison for the perpetrator, depending on the severity of the harm caused to the victim.

According to multiple studies in America, out of every 10 cases of sexual assault, 7 are committed by someone who is a friend, acquaintance, or close to the victim. In cases where the perpetrator is not known to the victim, most sexual assaults occur in public places, especially at night, or the perpetrator enters the victim’s private space and assaults them. In some cases, the perpetrator plans and establishes a relationship before using threats, intimidation, or manipulation to create the conditions for the assault. Among these cases are crimes where a criminal meets someone at clubs or bars, poisons their drink, and takes advantage of their vulnerability and lack of awareness caused by the poison to commit sexual assault.

In different societies, the rate of reporting sexual assaults depends on gender equality in that society. The more traditional, closed and lacking in supportive laws and institutions a society is, the lower the rate of reporting related to sexual assaults, violence and harassment.

In Iran, the absence of reliable statistics and data, as well as the lack of encouraging conditions for civil society organizations in the field of research and understanding the true dimensions of sexual assaults and violence, is one of the serious obstacles in finding solutions to social problems of this nature.

Citizens and civil society organizations, supporters of human rights and social justice, are not satisfied with the freedom and security for holding those in power accountable in the process of drafting laws and the political will to enforce them. In addition to the role of the government, culturally, opening up the issue and finding solutions to the social harms and challenges in the field of gender relations is not desirable. Even during the Pahlavi regime, for cultural and traditional reasons, the conditions for encouraging and reporting sexual assaults, sexual violence, or even sexual harassment – both in private and public spaces, including street harassment, teasing, or sexual assault – were scarce. Moral values, such as preserving honor, have been and continue to be one of the major challenges in reporting cases of sexual assault in Iran. The formation of these moral values takes place within the experiences of citizens. Because in patriarchal societies with unequal power dynamics in terms of sexuality and gender, the burden of responsibility for any form of sexual assault and violence is

Article 619 of the Islamic Penal Code (Section on Punishments and Deterrents – Chapter Seventeen of the Old Law) refers to cases of sexual assault. According to this article, “anyone who harasses or molests children or women in public places or on the streets, or insults them with indecent gestures, will be sentenced to two to six months in prison and up to 74 lashes.” This article, which mainly addresses sexual harassment on the streets, is not effectively enforced due to cultural reasons, lack of awareness among women about the law and this article, lack of trust in legal authorities for justice, lack of political will on the part of those in power to enforce it, and corruption in government and legal institutions responsible for implementing the law. Therefore, it can be said that this law is not effectively enforced and is merely symbolic.

In the Western world, and especially in countries where gender equality has been more achieved, although sexual assaults have not completely disappeared, the cases have become more limited and reports of these crimes are more frequent and accurate. Additionally, for sexual offenders, in addition to criminal condemnation for violating laws, educational classes are also considered to delve into the physical, emotional, and psychological damages caused by the violence and assault inflicted on the victim, and ultimately to rehabilitate the perpetrators.

In Iran, activists in the field of women’s human rights and gender equality have made valuable efforts in this regard. Among these efforts is the preparation of a draft law on domestic violence against women. Although this text is clearly a step towards limiting violence and assault in the private sphere, it can also serve as a starting point for addressing sexual assaults and violence in both private and public spheres. The creators of this text have listed the following as their valuable work:

• Presenting new definitions of the term violence and its types.

• Providing supportive solutions for the community and government that are based on laws in accordance with women’s rights.

• Creating extensive and cohesive structures with the necessary budget under the supervision of the highest executive authority of the country.

• Determining the goals and objectives of supporting women within a fair and modern approach in judicial proceedings.

• The existence of preventive, therapeutic, or punitive mechanisms in dealing with violators of women’s rights.

• Creating Empowerment Strategies for Women against Violence.

The reality is that without the active presence of individuals from the community who advocate for the safety and empowerment of all citizens, respect for human rights and dignity, without supportive laws, without the interaction of the entire society and government with the private sector, without the political will of those in power to enforce laws, and without the active presence of civil society organizations, the fight against violence, aggression, and sexual harassment will not be achieved. Violence and sexual assault are a result of unequal power dynamics and the biggest obstacle to the realization of human rights for half of humanity.

Sources and further reading:

• Hosseinzadeh, Sima, Sexual Harassment: Women’s Experiences in Public Spaces in Tehran, Iran Nameh Quarterly, Year 30, Issue 3, Autumn 1394, pp. 183-162.

• یار

  Draft of the Law on Prohibition of Domestic Violence Against Women, Very Violent Website

• عنوان نهجنامه نهم و تبعیض جنسیتی، وب: وزارت آموزش و پرورش ایالات متحده

  Title IX and Gender Discrimination, Website: U.S. Department of Education