Iranian Journal of Medical Ethics and History of Medicine

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Mirshekari A, Samadi A. Ethical and Legal Requirements of Compensating Damages Resulted From Sexual Harassment. IJMEHM 2020; 13 :180-198
URL: http://ijme.tums.ac.ir/article-1-6163-en.html

The first definition of sexual harassment which comes to mind is a behavior with force and violence. But is sexual harassment restricted to these behaviors? Apparently, sexual harassment comprises of a wide range; a range with rape on its one side (article 224 of the Criminal Code) and using offensive words (article 619 of the Ta’zirat part of the Criminal Code) containing sexual concept on the other. The conduct and talk which causes harm to someone just because of his/her sex. This concept is consistent with the spirit and purpose of the tort law which is for protection of victims. Moreover, this concept makes our legal system in line with other legal systems’ movement. However, Sexual harassment usually happens without the consent of the victim and by the use of force. But sometimes despite the consent of the victim, this consent is considered null and void since it is the result of duress, fraud, or pressure. Sexual harassment causes different types of damages such as physical or mental which have to be compensated in accordance with the “no harm” principle. In our legal system, blood money and the sum of money which is paid for the loss of virginity and the criminal relish are considered as different kinds of compensation. Also, mental and moral damage is awarded according to article 1 and 9 of the Iranian Civil Liability Code, and 14 of Iranian Criminal Procedure Code. Knowing legal aspects of this issue leads to respecting of moral aspects. Additionally, in this article, the sexual harassment as well as its related damages and compensations under Iranian law are investigated.