Criminal Protection of Child from Sexual Abuse

    Dr. Raad Tomah Kwad

    Abstract

    The problem of sexual abuse of children, mistreatment and neglect of children in our society is one of the issues that urgently need to be given great importance, whether at the level of laws or at the level of specialists working in the field, given that children are considered among the most vulnerable human beings. A nation is free from the trouble of protecting them from abuse, which manifests itself in various manifestations, including emotional abuse and physical abuse, for which sexual abuse is considered a form of it, and which is considered an infringement of one of his rights, which is the right to protect the honor and honor of the child. It means the sexual abuse of a child, whether such abuse is committed by an adult close to him or a foreigner using deception, violence or temptation. This abuse can also be considered a means of sexual arousal on the one hand and a whim to satisfy the sexual instinct fully or partially on the other hand. These sufferings are considered a scourge and a global criminal phenomenon to which Islamic Sharia and man-made laws have given the utmost importance, so that they are still of interest to humanity in general and the international community in particular, because the problem of abuse and its complications do not stop to this point, and its effects often extend to include childhood, adolescence, adulthood and even old age. Physical and behavioral problems are considered Psychology is one of the most common problems faced by people who were victims of such sexual assaults. In light of the rapid changes that our society is experiencing today, whether socially, economically or technologically in the world, there have been developments parallel to the criminal danger that awaits the child and any danger more than the threat to the child’s safety physical and moral. Perhaps what draws attention in this regard is the sexual crimes committed against children in the world, to the extent that they were almost divided between the victim of these crimes and the threat of them. The Iraqi legislator, like the countries of the world, has been concerned with the issue of sexual assaults in general and sexual assaults against children in particular. A number of legal texts criminalizing this type of crime have been devoted and an important place has been assigned to them in the criminal law and in other separate texts. Thus, the Iraqi legislator has addressed through the Penal Code No. (111) for the year 1969 as amended and Juvenile Welfare Law No. (76) for the year 1983 to many crimes aimed at protecting the child from all forms of violence, especially sexual abuse and exploitation, which has become the most prominent types of violence in which children are victims, and there are many acts that constitute a violation of the child’s honor. However, they have a common characteristic, which is the sexual character of the verb, which has a broad connotation and includes all natural and unnatural sexual practices and acts that the legislator has classified according to their gravity into felonies and misdemeanors.

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