Document Type : Original Article
PhD student in Criminal Law and Criminology, Faculty of Law and Political Science, Research Sciences Unit, Islamic Azad University, Tehran, Iran.
Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Research Sciences Unit, Islamic Azad University, Tehran, Iran.
From the point of view of the legislator of Islamic punishment, the existence of violence in the material element of the crime of adultery increases the punishment for women and proves the death penalty. Adultery by violence is the act of intimacy with a woman or girl against her will and agreement, whether it is to overcome her desire by threats and force. Whether it is done by distorting his consent through omission and deception. Sex with a child under the age of nine years of age if the child is deceived by sex and deceit is a rape that is punishable by the death. If the child is satisfied with adultery It is not rape that is also contemplative. British criminal law is sufficient for the development of a crime of rape under the 2003 Sexual Crime Act. A person under the age of sixteen cannot legally give sexual satisfaction, so sex with the person under that age is automatically rape without a person. That there is a need to prove coercion. Although there are many ambiguities regarding consent as a negative condition for the realization of sexual rape in the relevant regulations and judicial procedure of this country. In this article, the giving of consent to the child by the legislator has been analyzed with the analytical-descriptive method and an attempt has been made while analyzing the crime of rape Violence, the reaction against it and how to prove it should be investigated.