Citation

Salman OY. BiLD Law J. 2022; 7(1): 196-208.

Copyright

(Copyright © 2022, Bangladesh Institue of Legal Development)

DOI

unavailable

PMID

unavailable

Abstract

This research deals with the topic of the judicial standard for distinguishing between acts affecting sexual freedom, within the framework of Iraqi and comparative criminal justice. The criminal legislator in Iraq and in other countries, when drafting criminalization and punishment texts related to acts affecting sexual freedom, did not provide a reliable standard for the adaptation of acts that would constitute a crime of violating sexual freedom. In Iraq's criminal and comparative legislation, we do not find a standard that distinguishes between acts that constitute an infringement of sexual freedom and represent a crime of attempted rape or indecent assault, or that they constitute a crime of attempted indecent assault or an indecent act. Therefore, the research for the standard that the criminal justice in Iraq and the comparative criminal justice have settled on is of great importance, since it is this standard that defines the legal description of the act. When criminal justice establishes a standard against which to determine the legal description of acts affecting sexual freedom. Moreover, it derives that standard from the values and principles of society and the prevailing concepts in it, and these, in turn, differ according to time and place. The criminal justice, through its rulings, is the mirror that reflects the reality of society.

Language: en

Keywords

Breach of Modesty; Casual Modesty; Criminal Justice.; Degree of Obscenity; Indecent Assault; Judicial Standard; Rape; Reason of Criminalization; Sexual Freedom; Standard of Awrah