The Legal Status of Consent in Marital Sexual Relations in Iranian Law

Abstract

One of the challenges in marital relations is the issue of consent in sexual interactions. Whether a husband may engage in sexual relations with his wife without her sexual consent and the legislator’s stance on this issue are critical subjects requiring discussion and examination. The present article is descriptive-analytical in nature and investigates the aforementioned issues using a library-based research method. The findings indicate that Iran is among the countries that have not defined distinct sexual rights within the family framework. Iranian law does not recognize the concept of coercion into sexual relations or marital rape between spouses, and there is no civil or criminal support for a woman who, without any medical or legal hindrance, does not wish to engage in sexual relations with her husband. However, there is an interpretation that Article 1115 of the Civil Code may be invoked to argue that if coercion by the husband to engage in sexual relations causes bodily harm or damage to the woman’s dignity, she may leave the marital home and reside elsewhere. Nevertheless, this article does not cover situations considered part of the wife’s marital obligations. In criminal law, the sections on Hudud and Ta’zirat do not provide an independent discussion of consent in marital sexual relations. Despite this, considering the policy interests underlying criminalization—such as the prevalence of sexual violence against women, abuse, and the necessity of protecting them—it appears that such acts could be criminalized and proportionate punishments could be established.