Rape is not classified as a distinct crime under Iranian law, but rather it is considered to be a zina offence without consent.9 Marital rape is not recognised as a crime at all. The legal definition for ‘coerced zina’ is restricted to forced vaginal and anal penetration by a penis -therefore excluding other forms of penetration- and only when the perpetrator and the victim are unmarried therefore explicitly excluding marital rape.10 Beyond rape, no other form of sexual assault is specifically criminalised under the Islamic Penal Code.11 As a result, the legislative framework of the Islamic Republic of Iran is insufficient to combat domestic violence and marital rape.12 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 fulfill the sexual needs of their husbands at all times, “might even condone sexual abuse”.13 During its last Universal Periodic Review (November 2019), the Government of the Islamic Republic of Iran stated that the Act on Protection, Dignity and Security of Women against Violence, will be “aimed at criminalising new forms of assault, harassment and violations of the rights of women and adopting preventive and support measures to stop violence against women.”14 In January 2020, the UN Secretary General expressed concerns about the slow progress of the bill, which has been under review since 201015 and as of February 2021 is under the review of the Iranian Parliament.16 The draft bill will then need to be vetted by the Guardian Council. The Secretary General also noted that “critical articles were reportedly removed from the initial proposal of the Executive, including provisions protecting women from various forms of violence and criminalising domestic violence.”17 18 As of early February 2021, the available draft of the law19 suggests that the text may be insufficient to protect women in Iran from discrimination and violence. Even though the draft law may bring positive developments, it will remain limited by the Civil Code20, the Family Law21, and the Islamic Penal Code22, which 9 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/ 10 Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexual-violence-in-iran/ 11 Ibid. 12 See more: Iran Human Rights Documentation Center, 2020, https://iranhrdc.org/access-to-justice-for-victims-of-sexualviolence-in-iran/ 13 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 14 Universal Periodic Review, Iran, 2019, https://undocs.org/A/HRC/43/12 15 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 16 New York Times, https://www.nytimes.com/2021/01/05/world/middleeast/iran-sexual-violence-metoo-women.html 17 Report of the Secretary General, Situation of human rights in the Islamic Republic of Iran, 2020, https://www.ohchr.org/Documents/Countries/IR/Report_of_the_SecretaryGeneral_on_the_situation_of_human_rights_in_the_Islamic_Republic_of_IranA4320.pdf 18 See Radio Farda https://en.radiofarda.com/a/new-watered-down-draft-law-on-violence-against-women-iniran/30173089.html ; and ISNA www.isna.ir/news/98071612729/ (in Farsi). 19 https://shenasname.ir/laws/7023 20 The Civil Code: https://shenasname.ir/laws/6664 21 The Family Law: https://shenasname.ir/subjects/family/1470 22 The Islamic Penal Code: https://shenasname.ir/subjects/salamat/1571-mojazat92 2

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