a distinct crime under Iranian law but is considered as a zina offence without consent.14 Marital
rape is not recognized as a crime at all. The legal definition for ‘coerced zina’ is restricted to
forced vaginal and anal penetration by a penis -therefore excludes other forms of penetrationand only when the perpetrator and the victim are unmarried -therefore explicitly excludes marital
rape.15 Beyond rape, no other form of sexual assault is criminalized under the Islamic Penal
Code.16As a result, the Islamic Republic of Iran’s legislative framework is insufficient to combat
domestic violence and marital rape.17 In 2017, the Special Rapporteur on the situation of human
rights in the Islamic Republic of Iran found that Article 1108 of the Iranian Civil Code, which
obliges wives to fulfil the sexual needs of their husbands at all times, “might even condone
sexual abuse”.18 There is a serious lack of comprehensive and readily available official data on
the prevalence of domestic violence in the Islamic Republic of Iran,19 20 but cases of domestic
violence are regularly reported and considered widespread in the Islamic Republic of Iran.21 22 23
24 25 26
Complaints of violence against women are usually first brought to the police. However, reports
of cases of violence against women have shown that there is a general lack of accountability for
perpetrators. 27 28 29 Victims wishing to file a complaint for domestic violence must present two
adult male witnesses to the assault, an evidentiary burden difficult to meet -if not impossible.30
Further, a woman is only given permission to leave the marital house if she can prove to a court a
14
Article 221 of the Islamic Penal Code (2013), Iran Human Rights Documentation Centre, https://iranhrdc.org/englishtranslation-of-books-i-ii-of-the-new-islamic-penal-code/
15
Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
16
Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
17
See more: Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexualviolence-in-iran/
18
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 2017,
https://www.refworld.org/docid/58bd7e2b4.html
19
Ceasefire Centre for Civilian Rights, Centre for Supporters of Human Rights and Minority Rights Group International
September 2019, https://www.justice.gov/eoir/page/file/1203136/download
20
Amnesty International, ‘You shall procreate’ (p. 31), March 2015,
https://www.amnesty.org/download/Documents/MDE1311112015ENGLISH.pdf
21
Amnesty International, ‘Iran 2019’, https://www.amnesty.org/en/countries/middle-east-and-north-africa/iran/report-iran/
22
Human Rights Activists in Iran En-HRANA, 2019 report, https://www.en-hrana.org/wp-content/uploads/2020/01/HranaAnnual-Report-2019.pdf
23
Human Rights Activists News Agency, 2019, https://www.en-hrana.org/increase-in-domestic-violence-in-tehran-more-than16-thousand-cases-were-filed
24
Human Rights Activists News Agency, 2020, https://www.en-hrana.org/domestic-violence-increased-during-coronavirusquarantines-and-stay-at-home-orders
25
Human Rights Activists News Agency, 2020, https://www.en-hrana.org/domestic-violence-increased-during-coronavirusquarantines-and-stay-at-home-orders
26
IRNA, 2020, https://bit.ly/38UoMfB
27
Center for Human Rights in Iran, 2019, https://iranhumanrights.org/2019/11/stop-violence-against-women/
28
Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
29
Human Rights Activists News Agency, https://www.en-hrana.org/articles
30
“The standard [of proof] for testimony in all offences shall be two male witnesses; unless in zina, livat, tafkhiz, and mosaheqeh
which shall be proved by four male witnesses” Article 199 of the Islamic Penal Code (2013), Iran Human Rights Documentation
Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/
3