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Philosophy of Criminal Law in Sexual Offences
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Alireza Mohammadbeiki *1    , Elnaz Akbarzadeh Seraj2 |
1- Assistant Professor, Islamic Jurisprudence and Law Department, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2- PhD student in criminal law and criminology, Kish International Branch, Islamic Azad University, Kish, Iran. |
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Abstract: (337 Views) |
Criminological research indicates that the study of crime has been intertwined with human existence throughout history. Over time, the goals of punishment and the treatment of criminals have evolved, adapting to the changing societal norms of each era. The evolution of punishment has been significantly influenced by the changing requirements of time. In the past, corporal punishment was the sole form of discipline imposed on individuals without regard for their inherent dignity. This mode of punishment often encompassed degrading and intimidating elements, neglecting the individual's intrinsic worth as a human being. Over time, the nature of punishment has evolved, incorporating various reforms aimed at the rehabilitation and reformation of the offender. As a result, there has been a shift in perspective, with greater consideration given to the humanity of the individual facing criminal charges. Within this study, we have delved into the philosophy of criminal law concerning sexual offences. In the legislative framework, while the inclusion of specific objectives such as retribution, deterrence, and rehabilitation of the offender is evident in the philosophy of sexual punishment, there is a lack of differentiation between varying circumstances (consensual and non-consensual) in the criminalization of sexual conduct based on the same jurisprudential foundations. The aforementioned circumstances have resulted in excessive criminalization in numerous instances. In Iran's criminal laws, the legislator has chosen to criminalize acts based on the principle of blame rather than focusing on the principle of harm and damage. This signifies a clear distinction in the criminalization of sexual acts as per the country's legal framework. The legislator's perspective suggests that the criminalization of sexual offences in Iran's criminal law serves specific objectives. However, in reality, a society grappling with poverty, economic challenges, unemployment, and marital issues may experience an increase in the likelihood of sexual offences. For this reason, government officials must take measures to eliminate barriers and address economic and social problems to a certain extent, thereby creating an environment where lawful sexual activity can be enjoyed within society.
- Mohammadbeiki, A R., Akbarzadeh Seraj, A. (2024). Philosophy of Criminal Law in Sexual Offences, Journal of Legal Philosophy Studies, 2(1), 121-143. |
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| Keywords: Sexual Offences, Philosophy of Law, Punishment, Iranian Criminal Law |
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Full-Text [PDF 712 kb]
(148 Downloads)
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Type of Study: Research |
Received: 2024/03/24 | Accepted: 2024/05/26 | Published: 2024/06/5
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