Document Type : Research Paper
Authors
1
PhD Student in Criminal Law and Criminology, Department of Criminal Law and Criminology, Faculty of Law Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2
Assistant Professor of Department , South Tehran Branch, Islamic Azad University, Tehran. Iran
3
Associate Professor, Department of Criminal Law and Criminology, Faculty of Law Shahid Beheshti University, Tehran, Iran.
4
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, tehran
10.22034/law.2023.57151.3282
Abstract
Despite the growth of sexual crimes against children and teenagers, these crimes have always received the lowest amount of disclosure and legal prosecution. In this regard, restorative justice can be presented as an alternative solution to solve sexual crimes without the debilitating effects of custodial or mandatory punishments, and... . In recent decades, most communities using RJ have succeeded in reducing sex crimes, but most of the programs of this system are aimed at rehabilitating juvenile or first-time offenders. Sexually abused children are outside the scope of this system, and the failure and non-fulfillment of RJ's promise to protect victims and implement justice can be expected. Despite the high rate of childhood sexual abuse and the shortcomings of the criminal justice system in prosecuting such crimes, the need for RJ programs is felt more than ever with child victims. In this regard, Gal, looking at , the human rights of children, in addition to identifying the rights based on their needs. In the criminal justice system, it pays attention to the potential of RJ and proposes principles for action using a framework that includes children's rights and needs. With regard to the issue of restorative justice in Iran's legal and judicial system, this research, which is qualitative in terms of descriptive-analytical method, deals with two main issues: first, Identifying and stating the standards of restorative justice for the maximum help and support of sexually abused children in the presented model of Gal. Second, the challenges of Iran's legal system in order to operationalize restorative justice programs. In the current conditions of Iran's legal system, the result of the research shows that "the use of trained restorative justice activists and benefiting from the capabilities of non-governmental organizations" provides the recovery and treatment of sexual victims under the age of 18.
Keywords
Main Subjects
)