Sexual Rape with the Emphasis of the Afghan Penal Code

Abstract

Sexual rape is one of the crimes that, in addition to religious teachings, has been addressed by lawmakers and legal customary systems throughout various periods of history and is among the natural crimes. Every society exposes a number of its population, including women, to the constant risk of being victimized by this crime. The Afghan legislature has defined sexual rape as an act in which a person engages in sexual intercourse with another person by force, coercion, or other means, taking advantage of the victim's physical or mental incapacity or lack of consent, whether the victim is a woman or a man, or by administering intoxicating drugs or other substances impairing judgment, or by inserting body parts or objects into the victim's mouth or anus. The Afghan legislature has attempted to criminalize acts such as inserting objects like pens or body parts like fingers or genitalia into the mouth or anus of the victim, not only acts that lead to sexual intercourse but also acts that lead to touching, caressing, or any form of sexual contact, under the charge of assault on innocence. This crime is legally, materially, and morally assessable. The criteria for consent or lack thereof in cases of sexual rape, the examples of sexual rape, whether sexual rape is considered a borderline crime on the one hand and a crime against public decency and morality on the other hand, are all subjects of investigation. Therefore, when a criminal act takes a dual approach, its conditions vary, which will be addressed in this research.