The status of rape laws in Iran is highly complex and controversial. In this article, we will review the rape laws in Iran and try to understand whether these laws are capable of delivering justice to victims.
In Iran, rape is not considered a separate crime but is categorized under adultery (zina). According to Article 221 of the Islamic Penal Code (IPC), zina is defined as a sexual relationship between a man and a woman who are not married to each other. If this sexual relationship occurs forcibly, it is considered rape, and the perpetrator is subject to the death penalty.
Under Sharia law, zina can only be proven by the testimony of four male witnesses or a combination of three male and two female witnesses. Due to this strict requirement, proving rape becomes extremely difficult. However, Articles 160 and 161 of the IPC state that a judge's knowledge, based on manifest evidence, can also be used as proof.
According to Article 114 of the IPC, if the perpetrator repents before the crime is proven, they can avoid the death penalty and instead receive a reduced sentence, such as imprisonment or flogging. This provision creates a significant disparity in the punishment for the same crime, making justice less likely for victims.
Iranian law does not have a specific provision for sexual assault. According to Article 637 of the IPC, if an unmarried man and woman engage in indecent acts other than zina, they can be punished with up to 99 lashes, regardless of consent.
In cases of same-sex rape, Articles 233 and 234 of the IPC state that a man who forcibly engages in sexual acts with another man can be executed.
Iran does not have specific laws addressing the sexual abuse of children. According to IPC Article 91, minors under 18 years old cannot be fully punished for hadd crimes unless they are mentally mature and understand their actions. This has led to cases where minors have been executed for sexual crimes.
Iran's rape laws are inadequate in delivering justice to victims. The narrow legal definitions, stringent evidence requirements, and provisions for repentance make achieving justice difficult.
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