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January 5, 2025

Women in need of more support, Mohammad Moghimi.

This is a picture of a beautiful sunset.[/caption]

این تصویری از غروب زیباست.

This is a picture of a beautiful sunset.
Mohammad Moghimi

One of the most important topics that has been raised in recent decades in the field of criminal and forensic sciences is the issue of supporting victims. Victims of sexual crimes, especially rape, require special legal support due to the nature of this crime and the resulting damages. In order to support women who have been victimized in the criminal justice system, including the police, prosecutor’s office, courts, prisons, etc., the laws of our country must be amended in accordance with international human rights documents and comparative law.

Our legislature’s approach to the crime of sexual assault shows that our country’s criminal policy regarding this crime has not kept up with the modern era and has been heavily influenced by the patriarchal culture that dominates our society and criminal system. The 2030 Agenda for Sustainable Development, adopted by the United Nations General Assembly, included a comprehensive prevention program for harassment, abuse, and sexual assault, but unfortunately, political interference and bias have deprived our society of the benefits of this program. In order to support victims of sexual assault, a suitable criminal policy must be adopted that recognizes the rights of victims and supports them throughout the criminal process. It should be noted that in the definition of the crime of “adultery” in Article 221 of the Islamic Penal Code of 2013, there is no separate definition for the crime of “adultery by force”. Furthermore, non-consensual sexual relations within marriage, as well as sexual violence and unconventional sexual relationships by a husband towards his wife, have

For example, the use of trained female police officers to support female victims is of great importance. Article 42 of the Criminal Procedure Code of 2013 states: “Interrogation and investigation of women and individuals under the age of 15 must be carried out by trained female officers, and if not possible, the case of women will be referred to an investigator and the case of individuals under the age of 15 will be referred to the chief judge or deputy judge for investigation and interrogation.”

Furthermore, evidence for this crime should not be limited to three forms of confession, testimony, and the judge’s knowledge. Of course, the use of forensic medicine, expert witnesses, and modern technologies in relying on the judge’s knowledge can be very enlightening. On the other hand, although Sharia law generally aims to protect privacy and honor by keeping these crimes hidden, it must be noted that the policy of turning a blind eye in Islam is reserved for consensual sexual relationships, not for the crime of violent assault, which harms victims and disrupts public order.

Therefore, abandoning traditional and patriarchal views in favor of appropriate criminal policies for sexual violence and taking into account the time and place, including reforming laws in this regard, especially supporting victims and survivors of sexual violence, in addition to that, changing the cultural attitude towards sexual crimes and their victims, as well as preventive education for women and children without prejudice, should be on the agenda of our judicial and educational system.

Created By: Mohammad Moghimi
July 23, 2018

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