Comparative Examination of Victimology in the Crime of Sexual Assault in the Legal Systems of Iran and the United States

Abstract

This study was conducted with the aim of examining the criminal protections afforded to victims of the crime of sexual assault through a comparative approach between Iran and the United States. Rape, sexual coercion, and sexual deception are considered among the most significant forms of sexual crimes, and the victims of such violence are often children, women, and vulnerable individuals. Accordingly, the criminal legal systems of various countries have established different forms of support for the victims of such assaults. The main issue addressed in this study was to determine what approaches the criminal protections for victims of sexual assault adopt in the criminal legal systems of Iran and the United States. This study, which utilized a descriptive-analytical method and relied on legal and library sources, concluded that the protective approaches for victims of sexual assault in Iran’s legal system are primarily centered on criminal protection, whereas in the United States’ legal system they involve a combination of criminal and non-criminal protections. Moreover, the findings show that Iran’s legislation concerning the criminalization of sexual assault and the protection of victims is directly derived from Shia jurisprudence. In contrast, there are significant differences between the two legal systems regarding their approaches to the protection of sexual assault victims. In Iran, in the process and foundations of criminalization, moral norms play a role equal to that of maintaining public order and individual privacy, while in the United States the focus is more on protecting individual rights and public safety. There is also a profound difference in the concept and criterion of consent between U.S. law and Iranian law, with the latter heavily influenced by the views of jurists. Iranian legislators have imposed difficult evidentiary requirements on victims to prove sexual assault, whereas in the United States the evidentiary burden for this crime is comparatively lighter than for other crimes. Furthermore, the punishment for this crime in Iran, influenced by juristic opinions, is prescribed as death, whereas in the United States legal system, alternative punishments such as imprisonment, security measures, and rehabilitative interventions for offenders are adopted.