Criminal Protection for Female Victims of Rape in the Legal Systems of Iran and Afghanistan

Document Type : Original Article

Authors

1 PhD Student of Criminal Law and Criminology, Al-Mustafa International University, Gorgan branch, Iran, Gorgan

2 LLD in Criminal Law and Criminology from the Faculty of Humanities, Islamic Azad University, Gorgan Branch, Iran, Gorgan,

3 Assistant Professor (Invited), Law Department, Razavi University of Islamic Sciences, Iran, Mashhad

10.22091/dclic.2026.14127.1119

Abstract

Rape is one of the most important manifestations of violence against women, which leaves extensive psychological and social effects. This research, using a comparative approach and descriptive-analytical method, examines the criminal protections for female victims of rape in the legal systems of Iran and Afghanistan. Thus, in the field of substantive criminal protection, the method of criminalization and the scope of the sanction prescribed in the two countries have been analyzed. In the section on procedural criminal protection, the capacities and shortcomings of evidence, protective measures against threat and the role of the police, judicial authorities and forensic medicine in supporting victims have been evaluated. The results show that although both systems have performed well in the substantive dimension with appropriate criminalization and penalization, but they face a serious gap under the influence of jurisprudential teachings in the dimension of procedural law, especially in relation to evidence of the crime of rape. This study emphasizes the need to reform the laws of proof and strengthen protective measures in accordance with the social realities of each country.

Keywords

Main Subjects

References

Afghan Criminal Procedure Code 2015
Afghan Forensic Medicine Law 2006
Afghan Penal Code 2017
Amirian Farsani, Amin, Azadian, and Samin (2017). “Protection of Women’s Rights”, Quarterly Journal of Women’s Rights Studies, No. 10, Winter 2017.
A’zami, Mohammad Omar (2014). First Compulsory Examination, Kabul: Kabul University.
Bazgir, Yadollah (1999). Islamic Penal Code in the Mirror of the Supreme Court: Hodoud (Crimes Against Good Morality), First Edition, Tehran: Dehestan Publishing House.
Bazisar, Abolghasem (2007). State Compensation for Damages in Iranian and English Law, Master's Thesis in Criminal Law and Criminology, Tehran: Tarbiat Modares University.
Constitution of Afghanistan 2003
Criminal Procedure Code 2013
Islamic Penal Code 2013
Faizi Hassanabadi, Vahid (2016). The Gradual System of Ta’ziri Punishments in Iranian Criminal Law, First Edition, Tehran: Simin Publishing.
Farahmandpour, Meysam (2014). Comparative Study of Vriminal Protections for Victims of Rape in Iranian and English Law, 11th International Conference on Religious Research, Islamic Sciences, Jurisprudence and Law in Iran and the Islamic World.
Farajiha, Mohammad (2008). "Prediction and Control of Violent Crimes", Detective Magazine, Year 1, No. 1.
Farajiha, Mohammad and Azari, Hajar (2011). “Criminal Protection for Female Victims of Pape in Iranian Law”, Social Welfare Journal, No. 40.
Faryabi, Mohammad-Azim (2007). Scientific Fundamentals of Crime Detection and Investigation, NP.
International Organization for the Development of Law (2019). Specific Criminal Law Based on the Specific Criminal Code of 2017, www.idlo.int.
Khaleghi, Ali (2009). Criminal Procedure Code, Tehran: Shahr Danesh Institute for Legal Studies and Research.
Mahmoudi Janaki, Firouz (2003). Basics, Principles and Methods of Criminalization, PhD Thesis in Criminal Law and Criminology, Tehran: University of Tehran.
Mehra, Nasrin (2005). Women and Criminal Law, First Edition, Tehran: Iranian Criminal Law Association, Salsabil Publications.
Nasirullah, Khalid (2017). “An Analytical and Critical Look at the Concept and Elements of the Crime of Rape in the 2017 Penal Code”, Journal of the Faculty of Sharia, Kabul University, No. 23.
Nobahar, Rahim (2010). The Goals of Punishment in Sexual Crimes (Islamic Perspective), First Edition, Qom: Jurisprudence and Law Research Institute.
Odeh, Abdul-Qadir (2011). Comparative Study of Islamic Criminal Law and Customary Laws, Translated by Hassan Farhoudonia, Volume 4, First Edition, Tehran: Yadavaran Publications.
Prohibition of Violence against Women Act 2009
Raghib Isfahani, Hassan-ibn-Muhammad (1412 AH). Al-Mufradat fi Gharib al-Quran, Beirut: Dar al-Ilm [In Arabic].
Rasouli, Mohammad-Ashraf (2015). Description and Explanation of the Afghanistan Criminal Procedure Code, Vol. 1.
Rezaei, Reza and Fathi, Morteza (2019). “Criminal Support for Women Victims of Rape”, First National Conference on Law, Jurisprudence and Culture.
Sadeghi, Mohammad-Hadi and Riahi, Javad (2010). “Justification of the Application of Social Punishments Based on the Gradation of Ta’zir”, Criminal Law and Criminology Studies, Year 1, No. 1, pp. 107-121.
Shayan, Ali (2005). Justice for Victims, First Edition, Tehran: Salsabil Publishing.
Spanlo, Mahmoud (2019). Ineffective Criminalization of Rape and Challenges of Judicial Procedure in Supporting Victims, Gorgan: Islamic Azad University.
Tavajohi, Abdul-Ali and Tawakolpour, Mohammad-Hadi (2011). “The Differences Between Adultery and Rape with Emphasis on the Method of Proof”, Islamic Law Research Journal, Year 12, Issue 2.
Criminal Law Doctrines of Islamic Countries
Volume 3, Issue 1 - Serial Number 9
Spring 2026
March 2026
Pages 1-22

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