The Element of absence consent in Sexual intercourse From the perspective Islamic jurisprudence, Iran and England criminal law
From the viewpoint of the Islamic Penal Code, Absence consent in committing Actus Reus of Illegal Sexual intercourse results in the punishment aggravation and leads to death penalty. In the terminology of criminal regulation and legal doctrine, Absence consent involves the use of force and material...
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| Format: | Article |
| Language: | fas |
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University of Qom
2016-05-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
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| Online Access: | https://csiw.qom.ac.ir/article_895_d28390340db5a39c67e6c1d187926881.pdf |
| Summary: | From the viewpoint of the Islamic Penal Code, Absence consent in committing Actus Reus of Illegal Sexual intercourse results in the punishment aggravation and leads to death penalty. In the terminology of criminal regulation and legal doctrine, Absence consent involves the use of force and material allegory by the perpetrator. But in many cases, rape victims are abused without violence, through seduction or threat, or in situations where they cannot cope. In this article, through the analytical-descriptive method, the jurisprudential foundations of the subject are explored and it is concluded that in the jurisprudential narratives, the commitment of this crime has not stopped the existence of violence or even reluctance. The criterion, however, is the realization of the "agitation". With the lexical and terminological analysis of these concepts, rape is committed solely because of the lack of victim’s consent. In British Criminal Law, according to the "Sexual Offences Act" 2003, the lack of victim’s consent is sufficient to commit a rape. However, there are many ambiguities in U.K. regulation about whether consent is a condition for of rape commitment or not. |
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| ISSN: | 2476-4213 2476-4221 |