Supportive Policymaking for Women's Victimization in the Family with an Emphasis on New Developments

Document Type : Original Article

Author
Mahbobeh Talebi Rostami
PhD student in Criminal Law and Criminology, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran
10.22034/lc.2025.555571.1703
Abstract
Women play a very important role in the family and consequently in society; the role of motherhood, raising and educating children in the family, and general and specific obedience to the husband are among the most important duties of women in the family, which if they are properly fulfilled, society will also progress. In response to these important legal duties, women must also be provided with the necessary support so that they can fulfill these duties properly. Although the Islamic Penal Code approved and the Family Protection Law approved in have made progress in protecting wives compared to previous laws, there are still serious gaps in dealing with domestic violence; including ignoring marital discord and sexual violence against wives. In this study, using an analytical-descriptive method and with the aim of understanding the developments governing the regulation in the field of criminal protection of women, we have examined the process of developments in the drafting of the bill "Preventing Women from Being Injured and Promoting Their Security Against Abuse". The Family Protection Law approved, which dedicated its seventh chapter to criminal regulations in the field of family, should have paid more comprehensive attention to this type of protection. In these regulations, despite some new criminalizations such as failure to register a temporary contract for the first time and expanding the scope of criminalization of abandonment of alimony, there are also gaps such as the lack of criminalization of marital discord and sexual violence against the wife. It is better for the legislator to criminalize these cases in order to realize a differentiated criminal policy for the wife. It should also deprive the husband of some mitigating institutions in crimes committed against the wife, and even intensify his punishment. In addition to civil and restorative guarantees, criminal guarantees should also be considered in a combined and sequential manner in order to provide differentiated criminal protection for the wife.
Keywords
Women
Victimization
Family
Criminal Policy
Prevention.

Subjects