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