La répression discriminatoire des infractions liées à la sexualité en droit pénal irakien
Safaa Aldden Gaznai
Université de Cergy-Pontoise
Résumé en Anglais: This Ph.D. dissertation presents a comprehensive study of the discrimination of woman in Iraq with regard to sex-related crime. Iraqi statutory law and its interpretations by legal scholars and the courts are examined to demonstrate the influence of the ancestral traditions of prejudice and violence against women so deeply rooted in the Iraqi society.
The first part of the study analyzes the different sex-related crimes, with particularly attention on constituting elements and penalties, to illustrate this discrimination. For example, certain crimes, such as rape, can only be committed by a man or a boy underlining the dominance of the male in the sexual domain. Other crimes, for which the author can be a man or a woman, have constituting elements different in accordance with one’s sex; often making these crimes more easily constituted in the case of the woman. In many cases, the penalties are more severe for the woman than the man even where the crimes are the same.
When the statue itself does not discriminate, its interpretation either by legal scholars or by the courts do. The four main Islamic legal schools of thought are studied to attest to the important of their influence in the sphere of sex-related crime and how this influence prevents any real progress in this area. Hundreds of judicial opinions are scrutinized to further verify that this discrimination is not just textual but very much the reality.
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