Criminalization of Various Forms of Harassment Against Women
One of the recurring factors undermining public security and social tranquility is the occurrence of socially inappropriate and abnormal conduct. For this reason, the law has prescribed criminal sanctions for certain forms of conduct to prevent their repetition in society. Harassment of women constitutes one of these socially harmful behaviors that may seriously threaten public order and security.
Given the relatively greater vulnerability of women, the risk of victimization is significantly higher. Accordingly, the legislator is required to adopt differentiated criminal policies and provide enhanced legal protection in cases involving harassment and insecurity directed at women.
The Iranian Islamic Penal Code reflects such protective criminal policies by imposing stricter punishments in cases where women are victimized.
Pursuant to Article 619 of the Islamic Penal Code, any person who, by using offensive words or improper gestures contrary to dignity and social norms, harasses or insults women or children in public places or thoroughfares shall be sentenced to imprisonment from two to six months and up to seventy-four lashes.
The Role of the Private Complainant and the Procedure for Filing Complaints
Forms of Harassment Against Women
According to Article 619 of the Islamic Penal Code, harassment includes acts of annoyance, physical interference, and insults committed through words or gestures that are contrary to dignity and propriety.
Insults directed at men fall outside the scope of this provision. Generally, insult and the use of offensive language are punishable under Article 608 of the Islamic Penal Code, which prescribes up to seventy-four lashes and a monetary fine.
However, following the enactment of the Law on the Reduction of Discretionary Punishments, custodial sentences have, in many cases, been replaced by monetary fines.
A comparison of the two provisions demonstrates the legislator’s intent to afford greater protection to women, both in terms of the severity of punishment and the broader recognition of acts constituting harassment.
Conditions for the Occurrence of the Crime of Harassment Against Women
Based on Article 619 of the Islamic Penal Code, the commission of this offense is contingent upon its occurrence in public places or public thoroughfares.
Public places are those established to provide services to the general public, such as markets, government offices, restaurants, hotels, and similar venues. Even locations that require a ticket for entry, such as cinemas and museums, are considered public places.
Public thoroughfares include locations commonly used for public passage, such as streets, alleys, highways, and similar areas. The offense of harassment against women must occur in such public spaces.
This requirement does not necessitate the presence or observation of the offense by other individuals. Accordingly, harassment committed in an alley, in the absence of witnesses, may still constitute a criminal offense.
Physical and Verbal Harassment of Women
As noted, various acts may constitute harassment and lead to the deprivation of women’s sense of security and peace. Such acts may be verbal or physical.
Verbal harassment may include threats, insults, and similar conduct. Physical harassment may involve following a woman, blocking her path, threatening her with a weapon such as a knife, or similar actions.
It should be noted that inappropriate gestures and unreasonable staring may also constitute physical harassment. If a man follows a woman and his intent to harass is established, he may be subject to punishment even in the absence of verbal abuse.
Legal Procedure for Addressing Harassment Against Women
The prosecution of harassment offenses against women requires the victim to file a complaint. Upon submission of the complaint, the investigation phase begins, followed by prosecution of the accused. The case is then referred from the prosecutor’s office to the competent judicial authority for issuance of a final judgment.
The possibility of issuing a temporary detention order against the accused constitutes another form of legal protection afforded to women. Pursuant to Paragraph T of Article 237 of the Criminal Procedure Code, where harassment or abuse of women is committed using a weapon or a knife, the court may order temporary detention of the accused.
Evidence Required to Prove Harassment Against Women
Evidence that may be relied upon against the accused includes audio recordings, testimony of witnesses present at the scene, transmitted messages, and footage from surveillance or closed-circuit cameras.
Competent Court
As a general principle in criminal law, jurisdiction is determined by the place where the offense occurred. Accordingly, the court in the location where the harassment occurred has jurisdiction to hear the case. Subject matter jurisdiction is determined based on the nature of the offense.
Frequently Asked Questions Regarding the Criminalization of Harassment Against Women
Under Article 619 of the Islamic Penal Code, harassment against women includes the use of offensive words or improper gestures that violate dignity and social norms in public places or thoroughfares and disturb the security and peace of women.
The offender may be sentenced to imprisonment from two to six months and up to seventy-four lashes. In some cases, custodial punishment may be replaced with a monetary fine pursuant to the Law on the Reduction of Discretionary Punishments.
The offense is committed only in public places and public thoroughfares, including markets, offices, restaurants, streets, alleys, and highways.
Harassment may be verbal, such as insults and threats, or physical, such as following, blocking passage, inappropriate gestures, unreasonable staring, or threatening with a weapon.
The process begins with the filing of a complaint by the victim, followed by investigation and prosecution, and ultimately referral to the competent court for final adjudication.
Acceptable evidence includes audio recordings, witness testimony, written or electronic messages, and surveillance camera footage.
The court of the place where the offense occurred has jurisdiction to hear the case, subject to the applicable rules of subject matter jurisdiction. What constitutes harassment against women under the law?
What penalties are prescribed for harassment against women?
In which locations does harassment against women constitute a crime?
What types of harassment are recognized by law?
How can harassment against women be legally pursued?
What evidence is acceptable to prove harassment?
Which court has jurisdiction over harassment cases?
