نشریه علمی پژوهشی طب انتظامی Journal of Police Medicine
Volume 13, Issue 1 (2024)
J Police Med 2024, 13(1) |
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narougheh N, Rezaei M. An Analysis of the Role of Forensic Medical Opinions in Establishing Forcible Sexual Offenses in the Iranian Criminal Justice System. J Police Med 2024; 13 (1)
URL: http://jpmed.ir/article-1-1283-en.html
URL: http://jpmed.ir/article-1-1283-en.html
1- Department of Law, Faculty of Police Sciences and Techniques, Imam Hassan Mojtaba (PBUH) University of Command and Police Training, Tehran, Iran. , nan.teh58@gmail.com
2- Department of Law, Faculty of Police Sciences and Techniques, Imam Hassan Mojtaba (PBUH) University of Command and Police Training, Tehran, Iran.
2- Department of Law, Faculty of Police Sciences and Techniques, Imam Hassan Mojtaba (PBUH) University of Command and Police Training, Tehran, Iran.
English Extended Abstract: (616 Views)
Aims: Proving forcible sexual offenses (Zina bil-onf) within the Iranian criminal justice system faces significant challenges, where forensic medical opinions serve as crucial evidence. This study aimed to analyze the role of forensic medical assessments in establishing such crimes, focusing on their capacities and limitations throughout the judicial process.
Materials and Methods: This research employed a descriptive-analytical approach, utilizing library sources, legal documents, forensic reports, and selected court rulings. First, the legal and theoretical framework was examined, followed by content analysis of judicial decisions and forensic medical reports related to sexual offenses involving force.
Findings: The study's findings revealed that forensic medical opinions were often undermined or ambiguous due to delayed referrals, destruction of evidence (e.g., washing), lack of cooperation from the victim, or the absence of clear standards for interpreting findings. However, in cases where the examination had been conducted promptly and both physical and psychological evidence had been properly documented, the forensic opinion had played a decisive role in establishing rape.
Conclusion: Enhancing the role of forensic medicine in the criminal process, developing detailed guidelines for the documentation of examinations, and providing specialized training for forensic experts and law enforcement officers could have contributed to increasing the accuracy of rape adjudication and improving judicial integrity.
Materials and Methods: This research employed a descriptive-analytical approach, utilizing library sources, legal documents, forensic reports, and selected court rulings. First, the legal and theoretical framework was examined, followed by content analysis of judicial decisions and forensic medical reports related to sexual offenses involving force.
Findings: The study's findings revealed that forensic medical opinions were often undermined or ambiguous due to delayed referrals, destruction of evidence (e.g., washing), lack of cooperation from the victim, or the absence of clear standards for interpreting findings. However, in cases where the examination had been conducted promptly and both physical and psychological evidence had been properly documented, the forensic opinion had played a decisive role in establishing rape.
Conclusion: Enhancing the role of forensic medicine in the criminal process, developing detailed guidelines for the documentation of examinations, and providing specialized training for forensic experts and law enforcement officers could have contributed to increasing the accuracy of rape adjudication and improving judicial integrity.
Article Type: Original Research |
Subject:
Police Related Trauma
Received: 2024/07/20 | Accepted: 2024/08/31 | Published: 2024/09/10
Received: 2024/07/20 | Accepted: 2024/08/31 | Published: 2024/09/10
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