عنوان مقاله [English]
After enacting the Islamic penal code in 2013, extensive evolutions have occurred in the Crime of Sexual Assault. As in Article 224 for the first time, it has been mentioned the instances of the lack of consent; the instances which are out of the judgments of rape (forcible sexual intercourse without consent) in the law of 1991. Further, the Statute of the first International Criminal Court it was not paid attention to the criminalization of sexual assault but this crime gradually not only entered the more updated Rome Statute of the International Criminal Court but also expanded the realm of its definition by relying on precedent. In this research, we are going to answer the question of what the differences and similarities between the elements of sexual assault are in the legal system of Iran and international criminal law. This paper with a comparative look has achieved an outcome that despite the perplexity (confusion) in Iran’s regulations for sexual assault this crime in the Iranian legal system is a conjunction of the forcible (coerced) circumstances and the element of non-consent. Whereas the majority of courts have been dependent on the rules of countries in the international criminal law the absence of consent has been observed as a criterion for the occurrence of the offense of sexual assault. Also, the element of sexual behavior in the legal system of Iran relying on the jurisprudential definition of unlawful sexual intercourse (Arabic: زِناء Zināʾ) and male homosexuality (Arabic: لواط liwāṭ) is very narrower in comparison to the international criminal law.