نوع مقاله : مقاله علمی پژوهشی
1 مدرس دانشگاه لرستان
2 کارشناس ارشد حقوق جزا و جرم شناسی، دانشگاه کاشان، ایران
3 کارشناس ارشد حقوق جزا و جرم شناسی پردیس فارابی دانشگاه تهران، ایران
4 کارشناس ارشد حقوق جزا و جرم شناسی دانشگاه همدان، ایران
5 کارشناس ارشد حقوق از دانشگاه ازاد مرودشت ، ایران
عنوان مقاله [English]
One of the sexual and violent crimes in Iranian criminal law, which severely disturbs the public chaste and have adverse effect on the victim's mental and physical health, is the crime of rape. Rape with this name never in Iran's criminal code is recognized, but in the Islamic jurisprudence, it is called adultery. The Islamic penal code enacted in 2013 in Iran has selected the most severe criminal response, i.e. executions, for this crime. The Iranian legislator has adopted the most limited definition of rape, which from the perspective of Iran's criminal law rape means entrance of penis in the vagina or anus of a woman other than his wife without the consent of the woman. The noteworthy point is that in Iran's criminal code, the offender of the rape is only men and not the women. An amendment to the Islamic penal code of Iran approved in 2013 distinguished between the non-violent aggression versus violent aggression, in which victim conduct severe and hard resistance. Iranian legislator is faced with many shortcomings about rape so that it is completely silent about issues such as the degree of satisfaction of the victim, disapproving her satisfaction, abusing the insane or neutral person as well as the offender's wife. This article aimed by analyzing the crime of rape in terms of the doctrine of criminal law and by using the library resources to investigate the concept and elements of this crime and its components as well as to have a proper reaction against and detect the way it can be proved to highlight the strengths and weaknesses of this crime.