Volume 27, Issue 97 (spring 2022)
__Judicial Law Views __2012__, 27(__59__): __224285 |
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goldouzian H, hedayati goodarzi H. Substantive criminal analysis of sexual abuse of children and adolescents. دیدگاههای حقوقی 2022; 27 (97) :259-285
URL: http://jlviews2.ujsas.ac.ir/article-1-2032-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2032-en.html
1- , Golestan university , hossein_goldouzian@yahoo.com
2- Allameh Tabataba’i University
2- Allameh Tabataba’i University
Abstract: (808 Views)
The Child and Adolescent Protection Act approved in 1399 have criminalized many sexually abusive acts against children and adolescents by using the term “sexual abuse” for the first time. Sexual abuse can be divided into two general categories: first, abuses in which the child or adolescent is the main target of perpetrator to satisfy his sexual needs, second, using child or adolescent as a mean related to sexual behaviors. The main question of the article is “what behaviors are considered to be “sexual abuse” by the Child and Adolescent Protection Act and under what circumstances? And what are the punishments? Numerous behaviors are considered abuse in the protection law, but no proportionate punishment is provided for them. the legislature has acted relatively well in criminalization but flawed in sentencing. The act which criminalizes sexual abuse also brings challenges: First of all, the act has not yet been able to provide a solution to compatible the age of criminal liability of children and adolescents and the age of their protection. Secondly, several of sexual abuses are considered to be h.add offence in criminal law and the law maker has failed to choose a clear and direct approach toward this matter
Keywords: Contact sexual abuse, non-contact sexual abuse, children and adolescents, sexual intercourse, consent
Type of Study: Critical & Analisis |
Subject:
Criminal Law
Received: 2021/05/06 | Revised: 2023/01/21 | Accepted: 2021/12/18 | Published: 2022/06/18 | ePublished: 2022/06/18
Received: 2021/05/06 | Revised: 2023/01/21 | Accepted: 2021/12/18 | Published: 2022/06/18 | ePublished: 2022/06/18
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