Document Type : Research/Original/Regular Article
Author
Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran
Abstract
Sexual abuse of children and adolescents is one of the worst forms of child abuse that alarming quantitative and qualitative growth as well as its irreparable consequences on the child's body and mind have led to the criminalization of these behaviors and the strict and unfriendly treatment of them in most legal systems.
In Iran, all kinds of sexual abuse of children, especially the newly emerging form of virtual sex -It means communicating in cyberspace with the aim of sexual harassment or sexual contact with minors -, are criminalized in Article 10 of the Law on the Protection of Children and Adolescents.
The research method is descriptive-analytical (library study), and this writing is done with the critical analysis and pathology of the legal regulations in the light of the implementation challenges of these regulations.
The findings of the research show that the challenges of the legislative policy regarding the virtual child, on the one hand, are caused by the conceptual and thematic ambiguities and intra-textual and extra-textual problems of paragraph 9, article 10 of the Law on the Protection of Children and Adolescents, and on the other hand, the use of reconciliation mechanisms based on the degree of crime - such as postponement, alternative punishment, amnesty, etc. - will result in the ineffectiveness of the legislative penal policy in dealing with this phenomenon.
Based on this, in this article, legal ambiguities, legal problems, and the use of arbitrary institutions are examined, and the quantitative and qualitative correction of legal punishment, filing of character files and pathological attitude to open children are suggested.
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