The Impact of Injuries Inflicted on a Rape Victim in Determining Punishment (Case Study of New Zealand’s Criminal Law)

Document Type : Original Research

Authors
Saeedeh Safae 1
Touba Shakeri Golpayegani 2
Mohammad Farajiha 3
Leilasadat Asady 4
1 PhD Student in Women Studies (Women’s Rights in Islam). Tarbiat Modares University, Tehran, Iran
2 Assistant Professor, Department of Women Studies, Tarbiat Modares University, Tehran, Iran
3 Associate Professor, Department Criminal Law and Criminology, Tarbiat Modares University, Tehran, Iran.
4 Assistant Professor and Legal Adviser to the Judiciary, Tehran, Iran.
Abstract
The victim's intervention in the proceeding and the hearing of the pain and injuries inflicted on them are considered influential factors while passing judgment on the accused under New Zealand criminal law. The victim is either injured because of the crime or has already been vulnerable for some reasons exuberates the situation. The New Zealand criminal system assesses type and offense-seriousness in both cases to pass sentence on the accused. The present research aims to study the impact inflicted on rape victims in determining sentences. It is a descriptive, analytical study conducted using the content analysis technique. A purposive sample of 15 rape cases was selected from the New Zealand criminal system and coded using ATLAS software. The results show that if the accused is found guilty of pre-planned raping by resorting to physical violence, making sense of humiliation and severe mental harm, or rape is committed against vulnerable victims, the court aggravates the culprit's punishment based on the extent of the harms inflicted on them. It can be in the form of an increases period of preventive imprisonment, rejection of the plea for mercy or conditional discharge, the traverse of revision, and the extension of therapeutic or rehabilitation courses or compelling the offender to join them.

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The International Journal of Humanities
Volume 29, Issue 3
Summer 2022
Pages 10-24