Document Type : Research Paper
Author
Abstract
Being one of the sexual offences which today is criminalized in almost any countries, the crime of rape include an important element that is use of force by the offender to have a sexual relation with some one else. Accordingly, although the victim will certainly defend her self, but ultimately this is the offender who overcome the defender and will reaches to his purpose. During the last decades that this behavior has been criminalised in the world, some questions have been leaved without any answer in the mind of the legalists and the public opinion. One of the most important question in this area consist of a concept concerning the "victim consent" in the crime of rape. In other word, the question is that what is the" victim consent"? and what we mean by the "lack of consent" as one of the principal elements of the crime of rape? In a wish of doing a critical analysis of the Iranian situation about the subject, we will try to reconstruct the Iranian rape law by flowing a comparative study between Iranian and England rape law. Our purpose will be to harmonise the positive law with the modern facts of society. This critical study will be finished by proposal of some necessary reforms in the Iranian rape law
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