Rape in Sharifistani law

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In Sharifistani law, Ightisab (rape) refers to "having sexual intercourse with a person who 1. does not consent and 2. was not reasonably believed to consent by the other person or person(s) involved". The Sharifistani Penal Code states that "An adult who is convicted of raping person under thirteen shall suffer death or be imprisoned for life without parole. A person who is convicted of raping a person over that age shall suffer death (if they laws establishing capital punishment are met) or life imprisonment, with or without parole. Parole may not be granted to a rapist over fourteen until at least 30 years or to a rapist over sixteen until 35 years."

History

In the Ottoman Empire rape was defined as "unlawful sex carried out by force.", the punishment for this was castration. In 1923, after the establishment of Sharifistan the punishment was made harsher: the death penalty was now available for rapists. The definition of rape was also widened to "sexual intercourse with a person who does not consent where 1. there is no reasonable grounds to believe they consent and 2. the people involved are not married to each other". In 1980, marital rape was criminalised.


Current law

The punishment is either death or life imprisonment. If perpetrator is over sixtten and the victim is under thirteen, parole may not be given. A person can be convicted under Sharifistani law for rape by impersonation (on the grounds they did not consent to sexual intercourse with the specific person in question) or by false promise of marriage