Challenges of Proving a Rape (Sexual Assault) Case in the Iranian Criminal Process (Procedure)

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Espanlu Mohammad; Goldoziyan Iraj; Kalantari Kiumarth

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Journal Paper

Paper Information

Journal: CRIMINAL LAW DOCTRINES Year:2020 | Volume:17 | Issue:19 Page(s): 3-34

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Information Journal Paper

Title

Challenges of Proving a Rape (Sexual Assault) Case in the Iranian Criminal Process (Procedure)

Author(s)

Espanlu Mohammad | Goldoziyan Iraj | Kalantari Kiumarth | Issue Writer Certificate

Keywords

Rape (Sexual assault)Q1

Personal knowledge of the judgeQ1

confessionQ2

testimonyQ2

suspicionQ1

victimQ2

Abstract

P roof of all the actus reus (material elements) of rape requires the presentation of evidence, so in this study, the challenges in the way of organizing the evidence, using judicial experience, were examined. Studies show that two indications of witness testimony and confession are ineffective reasons in proving a rape case; because many restrictions on these two reasons have been imposed by the legislature, which has affected their probative power. Therefore, this study examines the status of incomplete and denied confessions and confessions of other non-judge actors of tribunal and the complexities of witness testimony, including the observance of testimony and the possibility of deviating (withdrawal) from testimony in a rape case However, Personal knowledge of the judge, in terms of the extent of circumstantial evidence, is one of the most important indications that examples of this evidence have been extracted using judicial experience. However, a review of judicial procedure shows that suspicion casts a shadow over all the material elements (actus reus) of the crime of rape (sexual assault) and one of the main reasons for the breach of the verdict in the Supreme Court is that the rights of the victims have been severely threatened due to the widespread citation of suspicion.

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APA: Copy

Espanlu, Mohammad, Goldoziyan, Iraj, & Kalantari, Kiumarth. (2020). Challenges of Proving a Rape (Sexual Assault) Case in the Iranian Criminal Process (Procedure). CRIMINAL LAW DOCTRINES, 17(19 ), 3-34. SID. https://sid.ir/paper/384758/en

Vancouver: Copy

Espanlu Mohammad, Goldoziyan Iraj, Kalantari Kiumarth. Challenges of Proving a Rape (Sexual Assault) Case in the Iranian Criminal Process (Procedure). CRIMINAL LAW DOCTRINES[Internet]. 2020;17(19 ):3-34. Available from: https://sid.ir/paper/384758/en

IEEE: Copy

Mohammad Espanlu, Iraj Goldoziyan, and Kiumarth Kalantari, “Challenges of Proving a Rape (Sexual Assault) Case in the Iranian Criminal Process (Procedure),” CRIMINAL LAW DOCTRINES, vol. 17, no. 19 , pp. 3–34, 2020, [Online]. Available: https://sid.ir/paper/384758/en

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