Progress Amid Resistance

136 WOMEN’S RIGHTS IN THE MIDDLE EAST AND NORTH AFRICANo specific law criminalizes domestic violence, and Iran has no publicor private shelters for abused women. Due to legal shortcomings, societalattitudes, and the very nature of such abuse, domestic violence remainsa private hardship. Victims who turn to the police are treated no differentlyfrom those who are attacked by a stranger. They can be compensatedthrough the diyeh system of the penal code, provided they supply witnessesand medical reports. Victims of bodily injury may also seek outretribution under Article 273 of the penal code. Sexual harassment inpublic places is outlawed under Article 619 of the penal code, whichgenerally prohibits verbal or physical harassment of women or childrenin public places. If convicted under this statute, offenders face two to sixmonths in prison and up to 74 lashes.Certain laws and cultural practices reinforce violence against women.Polygamy and temporary marriages destabilize spousal relations, increasingthe likelihood of domestic violence. In addition, rape is not criminalizedas a distinct offense. Instead it falls under the penal code’s Article 63definition of adultery, as sexual intercourse between a man and a woman“forbidden to each other.” The victim of rape can assert that she committedadultery under duress and escape punishment, but this claim is difficultto establish because judges often look to the clothing and behavior ofwomen—rather than the aggression of the perpetrator—for the “cause” ofthe rape. 46 Because the satisfaction of the husband’s sexual needs is considereda wife’s duty, spousal rape is not seen as a crime.RecommendationsF Rape, defined as sexual intercourse without mutual consent, should bedistinguished from consensual extramarital sex in the penal code.F Equal legal rights concerning divorce and child custody should begranted to men and women. This will have the added benefit of reducingthe need for an extremely large dowry designed to protect womenfrom divorce and its consequences.F The Majlis should draft a law banning domestic violence, with provisionsfor law enforcement training, complaint collection and ad ju dication,re straining orders, protection against retaliation, and compensationmechanisms. The government should also provide support for theestablishment of women’s shelters.F Women’s rights NGOs should intensify their educational and trainingefforts and provide legal and psychological counseling with regard to