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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2021
  • Volume: 

    1
  • Issue: 

    8
  • Pages: 

    110-127
Measures: 
  • Citations: 

    0
  • Views: 

    259
  • Downloads: 

    0
Abstract: 

Sexual violence against women has a deep and historical context,this violence stems from thoughts about the plurality of women and their reduction to the physical body. For decades, people have abused the conflict of Sexual violence as a war tactic in order to intimidate, terrorize, and control the civilian population during domestic and international armed conflicts. Inadequate services for Sexual assault, survivors during war time formal disregard for the harm inflicted on women and girls, and a lack of commitment to prosecuting sex offenders have made this fact more complicated. Despite the heinous nature of Sexual Crimes, these behaviors were a common and unavoidable consequence of hostilities, and therefore perpetrators were not prosecuted. Following the armed conflicts in the former Yugoslavia and Rwanda and all kinds of Sexual violence against women and girls during these conflicts, the international community came up with an innovative way to prosecute sex offenders. Although since the early 1990s, international criminal courts have ruled more explicitly in these areas and prosecuted criminals, unfortunately, there are still many legal and administrative gaps in this matter. The present study responded to how to prevent such acts of violence and concluded the ICC Statute is the first legal instrument to include Crimes of Sexual violence against women,however, it’, s applicability and implementation faced numerous legal and practical gaps and challenges.

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Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2015
  • Volume: 

    3
  • Issue: 

    11
  • Pages: 

    147-167
Measures: 
  • Citations: 

    0
  • Views: 

    1922
  • Downloads: 

    0
Abstract: 

In the light of criminological research findings, various factors play role in the process which criminal intent turns into action. Specific social, mental, and biological characteristics of victims have been always considered significant factors in the eyes of criminals; the way criminals weigh different possibilities of committing crime and pre-criminal states are highly based on such characteristics. In this regard, some individuals like women are considered well huntable by criminals due to their inherent characteristics and are more exposed to the risk of victimization. However, regardless of this fact that women are usually known as “potential victims” and“ vulnerable victims”, we face a victim who might implicitly facilitate the commission of crime by her behaviors, in case the circumstance in which crime came into existence is examined. As women can play an important role in committing Sexual Crimes, they can also play role in prevention of such Crimes. The authors tend to express how women can play significant role in perpetration and prevention of Sexual Crimes.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    11
  • Issue: 

    21
  • Pages: 

    139-166
Measures: 
  • Citations: 

    0
  • Views: 

    334
  • Downloads: 

    0
Abstract: 

By confessing the perpetrator to commit a crime with a certain person (In adultery or sodomy) exactly another crime is posed as Qazf. On the other hand, if one does not confess to commit adultery or sodomy, Basically, the occurrence of a double crime of adultery or sodomy will remain in patent ambiguity. Hence, the validity and credibility of confessions in Sexual Crimes have some problems in the judicious definition that the legislator did in 2013. Therefore, the discussion of the issue of proving evidence in Sexual Crimes, despite the well-known jurisprudential point of view of the importance of having this evidence, is an entry to exit from this legislative crisis Also, Abu Hanifa's theory that no adultery is carried out without victim that among the Sunni jurists is also an opportunity to present different views in the analogous jurisprudence.

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Author(s): 

NOUBAHAR R.

Journal: 

NAMEH-YE-MOFID

Issue Info: 
  • Year: 

    2000
  • Volume: 

    6
  • Issue: 

    3 (23)
  • Pages: 

    133-162
Measures: 
  • Citations: 

    3
  • Views: 

    2357
  • Downloads: 

    0
Keywords: 
Abstract: 

This analytical article studies Islamic punishment Philosophy in three Sexual Crimes:adultery, lesbianism, pederasty. Probing into mothers like, criminalization basis, ruling system on legal evidence and a survey on punishment abolition will clarify that although Islam has put a great emphasis on intrinsic indecency of these Crimes and moral responsibility for its criminals, there has been also a great persistence on prevention and keeping them as a secret.The main emphasis goes on rehabilitation of criminal and his/her repentance. However, purposes like public or private deterrence, justice, victim restoration has not.

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Journal: 

Medical Figh

Issue Info: 
  • Year: 

    2022
  • Volume: 

    14
  • Issue: 

    44
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    38
  • Downloads: 

    0
Abstract: 

Background and Aim: Establishing criminal liability requires the existence of conditions that the absence of any of them causes the deterioration of criminal liability and accordingly, the deterioration of the punishment of the crime perpetrator. According to Article 149 of the Criminal Code (approved in 2012), if the perpetrator has a mental disorder at the time of committing the crime, in such a way that he lacks willpower or discernment, he is considered insane and is not criminally responsible. However, in Crimes against chastity, such as adultery and lewdness which depends on the actions of at least two people, if one of the parties to the relationship lacks the power of reason and intelligence and the other party is a wise and mature person, can a person who has the conditions of criminal liability, according to the insanity of the other party is he exempted from responsibility? Materials and Methods: The present study was compiled using a descriptive and analytical method and it was tried to investigate the effect of insanity of one of the parties to Sexual Crimes on the criminal responsibility of the other party (a sane and mature person) by examining the opinions of lawyers and jurists. Findings: There are two different views among lawyers and jurists about the effect of one of the parties’,insanity of the Sexual crime on the liability of the other party. By analyzing and examining these two views, Proponents’,reason of the lack of this effect has been strengthened.

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Journal: 

Medical Law

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    58
  • Pages: 

    505-521
Measures: 
  • Citations: 

    0
  • Views: 

    124
  • Downloads: 

    6
Abstract: 

Background and Aim: In order to prevent Sexual misconduct in the cyber space, in addition to the criminal strategy that seeks to prevent the repetition of Crimes by means of punishment and through specific intimidation, correction and incapacitation of criminals, some situation-based prevention measures such as content refinement or filtering And some restorative measures such as the Society of Sex Addicts Anonymous (SA) are working in the form of counseling survivors to seekers. In the current research, while analyzing preventive measures, the introduction and role of Sex Addicts Anonymous (SA) has also been investigated the existing judicial procedure in the field of cyber Sexual Crimes. Methods: This article was written with a descriptive analytical method using library data and information obtained from two online and paper questionnaires. In the online questionnaire on the etiology of sex offenders, 30 cyberspace users were randomly selected and in the paper questionnaire on the performance evaluation of Sex Addicts Anonymous, 20 members of Sex Addicts Anonymous participated in Kermanshah. Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed. Results: Filtering and the criminal strategy that applies the main legal punishments, i.e. imprisonment and fines, to achieve the goal of preventing the repetition of cyber Sexual Crimes, are not efficient for various other reasons. On the other hand, the restorative strategy is more effective than expected in reforming criminals, making them Sexually alert and preventing the repetition of cyber Sexual Crimes and the judicial review shows that the judges of the courts still insist on applying the stereotypes of imprisonment and fines in these Crimes. Conclusion: According to the available capacities in Iran's legal system, the judicial authorities can refer the offenders of these Crimes to cooperative institutions such as Sex Addicts Anonymous and reform the offenders instead of "stereotype punishments" such as imprisonment and fines. Please cite this article as: Salimi Ghalayi E, Dastfal Y. Sexual Crimes in Cyberspace; from Etiology to Efficiency Measurement of Coping Strategies. Medical Law Journal. 2023; 17(58): e35.

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Author(s): 

NASIRI M. | |

Journal: 

Social Welfare

Issue Info: 
  • Year: 

    2002
  • Volume: 

    2
  • Issue: 

    5
  • Pages: 

    187-220
Measures: 
  • Citations: 

    9
  • Views: 

    3656
  • Downloads: 

    0
Abstract: 

The issues that arise in this article are the causes & the bases at social - and Sexual - deviance according to a sociological point of view. Then a search through a number of 350 files of Sexual - Crimes in Babol, declares the causes on a sociological point of view, cultural transmission & contrast theory. In assessment during this research regarding age, sex & occupation as the main criteria estimates that 18% of Sexual Crimes among men & 58% of the same Crimes among women occur before the age of 19. Besides, 64% 01"the Sexual - Crimes of men & 14% of women are committed between 20-29. A deep concern of this article to occupation status shows that 55% of men exist as shopkeepers, employees & drivers. However 25% of there committed fellows are low workers & 35% as students commit such Crimes.Therefore, we get strong sense of the core bases inducing coincidence of age - groups, economical straits & poverty that have brought the Sexual - deviance into existence.

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Author(s): 

ABRAVESH HIROO

Journal: 

Medical Law

Issue Info: 
  • Year: 

    2011
  • Volume: 

    5
  • Issue: 

    17
  • Pages: 

    143-172
Measures: 
  • Citations: 

    0
  • Views: 

    2383
  • Downloads: 

    0
Abstract: 

Therapeutic abortion is referred to the end of pregnancy, before the fetus could maintain living outside the mother’s body in order to protect the mother's health, or due to disease or fetal deficiencies. The researches about the abortion show that there is a direct relation between the legality of the abortion and the low death rate of women caused by criminal miscarriages, but with the ratification of the Therapeutic Abortion Act and the issuance of permission in maternal and fetal diseases that would bother the mother, a basic development occurred in the area of therapeutic abortion.Notwithstanding, many cases of unwanted pregnancies have been ignored for various reasons in the current Act and this reveals the necessity for the examination of different dimensions of the issue.As there have been different practices in respect of therapeutic abortion in different countries, now it is the time that our legislature place many women victimized by the Sexual Crimes under its legal, hygienic and social protection.

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Journal: 

Medical Law

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    58
  • Pages: 

    124-139
Measures: 
  • Citations: 

    0
  • Views: 

    80
  • Downloads: 

    15
Abstract: 

Background and Aim: TransSexual is a type of gender disorder in which the trans person's outward gender is in conflict with his or her real gender. Recognizing the true gender of transSexuals can have significant results in relation to the victimization and delinquency of these people, especially in Sexual Crimes. Therefore, in this research, the author's goal is to investigate the position of transgenders in Iran's criminal laws and to present jurisprudential and legal solutions to reduce punishment in Sexual Crimes. The importance and necessity of conducting the present research is that its achievement can be a legal justification for preventing the execution. Therefore, the main discussion of the current research is what is the basis and criteria for punishing transgenders in Sexual Crimes? Methods: This research is theoretical and the research method is descriptive and analytical. And the method of collecting information is in the form of a library and is done by referring to documents, books and articles. Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed. Results: The apparent gender of trans people is different from their real gender, in such a way that an apparently male trans person is considered a woman in terms of brain and hormonal structure and mental and nervous behavior. It brings the necessity of specific legislation in specific circumstances, on the other hand, in gender change, religious scholars and legislators have recognized the real gender. Therefore, internرal gender can also be considered in criminal matters. Conclusion: The discrepancy between the apparent and real gender of trans people, and according to jurisprudence and legal principles and rules, the justice of necessity is that at least in the Sexual Crimes of transSexuals, their real gender should be the criterion, because this can remove or reduce the punishment. In the end, along with proposing to amend the laws, solutions have been provided to prevent possible abuses, such as medical tests, issuing true gender identification cards, recording and monitoring the behavior of trans people, etc. Please cite this article as: Salim Nouri A, Nikkhah Sarnaghi R, Jafarzadeh S. The Effect of TransSexuals' Behavioral Disorders on their Criminal Responsibility for Sexual Crimes. Medical Law Journal. 2023; 17(58): e11.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    7
  • Issue: 

    13
  • Pages: 

    109-146
Measures: 
  • Citations: 

    0
  • Views: 

    790
  • Downloads: 

    0
Abstract: 

Today, more than ever, we are witnessing the Sexual victimization of children and teenagers. regardless of the growing trend of these Crimes, one of the reasons for this is the advancement and ease of access to communications media, which partially minimizes the always dark and hidden part of this type of victimization and reduces its black figure. When the Crimes are being processed through journalistic literature and emotional stories, in addition to creating fear and panic in society, there are accompanying publicly-spoken thoughts with expectations. Let's say At this time, the people's demand is to respond quickly and promptly as soon as possible. Therefore, the criminal justice system recognizes the voice of the people and inevitably obeys the justice system and publicizes the justice system in order to restore society's order and calm and gain legitimacy and public acceptance. The unavoidable results and consequences of making such a decision are not clear to everyone and require a critical and specialized view. In this study, using a descriptive-analytical method, it is possible to create the apparently positive consequences of this approach, the creation of tranquility, as well as the temporary emotions of the people, and the assurance of the implementation of justice, and its negative consequences, the lack of a fair trial And fair, which would look at the scientific and pathologic response to the increase in this type of crime and eventually reduce its occurrence.

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