Challenges of Proving a Rape (Sexual Assault) Case in the Iranian Criminal Process (Procedure)

Document Type : Original Article

Authors

1 PhD student in Criminal Law and Criminology,

2 Retired Professor of Criminal Law and Criminology, University of Tehran

3 Professor of Criminal Law and Criminology, Faculty of Law,

Abstract

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roof of all the actus reus (material elements) of rape requires the presentation of evidence, so in this study, the challenges in the way of organizing the evidence, using judicial experience, were examined. Studies show that two indications of witness testimony and confession are ineffective reasons in proving a rape case; because many restrictions on these two reasons have been imposed by the legislature, which has affected their probative power. Therefore, this study examines the status of incomplete and denied confessions and confessions of other non-judge actors of tribunal and the complexities 
of witness testimony, including the observance of testimony and the possibility of deviating (withdrawal) from testimony in a rape case However, Personal knowledge of the judge, in terms of the extent of circumstantial evidence, is one of the most important indications that examples of this evidence have been extracted using judicial experience. However, a review of judicial procedure shows that suspicion casts a shadow over all the material elements (actus reus) of the crime of rape (sexual assault) and one of the main reasons for the breach of the verdict in the Supreme Court is that the rights of the victims have been severely threatened due to the widespread citation of suspicion.
 

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