Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 124-139 |
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Nouri A S, Nikkhah Sarnagh R, Jafarzadeh S. The Effect of Transsexuals' Behavioral Disorders on their Criminal Responsibility for Sexual Crimes. MLJ 2023; 17 (58) :124-139
URL: http://ijmedicallaw.ir/article-1-1560-en.html
URL: http://ijmedicallaw.ir/article-1-1560-en.html
1- Department of Islamic Jurisprudence and Law, Faculty of Literature and Human Sciences, Urmia University, Urmia, Iran.
Abstract:
Background and Aim: Transsexual is a type of gender disorder in which the trans person's outward gender is in conflict with his or her real gender. Recognizing the true gender of transsexuals can have significant results in relation to the victimization and delinquency of these people, especially in sexual crimes. Therefore, in this research, the author's goal is to investigate the position of transgenders in Iran's criminal laws and to present jurisprudential and legal solutions to reduce punishment in sexual crimes. The importance and necessity of conducting the present research is that its achievement can be a legal justification for preventing the execution. Therefore, the main discussion of the current research is what is the basis and criteria for punishing transgenders in sexual crimes?
Methods: This research is theoretical and the research method is descriptive and analytical. And the method of collecting information is in the form of a library and is done by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The apparent gender of trans people is different from their real gender, in such a way that an apparently male trans person is considered a woman in terms of brain and hormonal structure and mental and nervous behavior. It brings the necessity of specific legislation in specific circumstances, on the other hand, in gender change, religious scholars and legislators have recognized the real gender. Therefore, internرal gender can also be considered in criminal matters.
Conclusion: The discrepancy between the apparent and real gender of trans people, and according to jurisprudence and legal principles and rules, the justice of necessity is that at least in the sexual crimes of transsexuals, their real gender should be the criterion, because this can remove or reduce the punishment. In the end, along with proposing to amend the laws, solutions have been provided to prevent possible abuses, such as medical tests, issuing true gender identification cards, recording and monitoring the behavior of trans people, etc.
Please cite this article as:
Salim Nouri A, Nikkhah Sarnaghi R, Jafarzadeh S. The Effect of Transsexuals' Behavioral Disorders on their Criminal Responsibility for Sexual Crimes. Medical Law Journal. 2023; 17(58): e11.
Methods: This research is theoretical and the research method is descriptive and analytical. And the method of collecting information is in the form of a library and is done by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The apparent gender of trans people is different from their real gender, in such a way that an apparently male trans person is considered a woman in terms of brain and hormonal structure and mental and nervous behavior. It brings the necessity of specific legislation in specific circumstances, on the other hand, in gender change, religious scholars and legislators have recognized the real gender. Therefore, internرal gender can also be considered in criminal matters.
Conclusion: The discrepancy between the apparent and real gender of trans people, and according to jurisprudence and legal principles and rules, the justice of necessity is that at least in the sexual crimes of transsexuals, their real gender should be the criterion, because this can remove or reduce the punishment. In the end, along with proposing to amend the laws, solutions have been provided to prevent possible abuses, such as medical tests, issuing true gender identification cards, recording and monitoring the behavior of trans people, etc.
Please cite this article as:
Salim Nouri A, Nikkhah Sarnaghi R, Jafarzadeh S. The Effect of Transsexuals' Behavioral Disorders on their Criminal Responsibility for Sexual Crimes. Medical Law Journal. 2023; 17(58): e11.
Type of Study: Original Article |
Received: 2022/10/7 | Accepted: 2023/03/1
Received: 2022/10/7 | Accepted: 2023/03/1
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