نوع مقاله : مقاله علمی پژوهشی
1 دانشیار گروه حقوق جزا و جرم شناسی دانشگاه آزاد مشهد
2 دانشجوی دکتری حقوق جزا و جرمشناسی دانشگاه آزاد اسلامی مشهد
3 استادیار گروه حقوق جزا و جرم شناسی دانشگاه آزاد مشهد
4 استادیار گروه حقوق دانشگاه علوم اسلامی رضوی
عنوان مقاله [English]
As a feminist theory in the criminology of criminal courts, the theory of madona and whore women examines the barriers to women's access to justice. According to this theory, if women victims of rape fail to prove their guilt in court and are labeled as dishonorable, they lose their victim status and are punished by becoming criminals under the criminal title of "having an illicit affair." This study aims to evaluate the position of the theory of noble and non-noble women in the judicial procedure of criminal courts in a province of Khorasan Razavi, using the analysis of judicial opinions and in-depth interviews with judges, to examine the approach of judicial procedure to delinquency in rape. The findings of this study show that the procedure of criminal courts in a province of Khorasan Razavi and branches of the Supreme Court is that if the victim is not able to prove rape, they do not enter as a charge of "having an illicit relationship" for the plaintiff; On the one hand, the conditions set forth in Article 102 of the Code of Criminal Procedure do not exist in this case, and on the other hand, failure to prove violence does not mean obedience. Also, the existence of a previous friendship is not a reason to punish the victim. At the same time, the judges of the criminal courts of Khorasan Razavi and the branches of the Court, by adopting a humane approach and avoiding extremist feminist reactions,
William Wilbanks,(2006), Are Female Felons Treated More Leniently by the Criminal Justice System? 3 Just. Q.