The effect of coercion in sexual crimes (a study in light of the Iraqi Penal Code)

Abstract

It is well-known that will has an impact on the verdicts of a trial, both substantive and procedural, whether pertaining to the perpetrator or the victim. The basic principle is that a will is sound and free from any defect, enabling it to be creative and effective in producing a critical impact.

However, there are serious flaws that may affect it, rendering it null and void or rendering it unsound. However, the law establishes this will, so to speak, and thus the will becomes ineffective or ineffective in producing the negligent effect.

Coercion is one of the defects affecting the will, represented by the pressure that is directly violated by the use of coercive means on the will subject to influence, whether to act or refrain from acting. Coercion nullifies it, rendering it effective like a tool in the hands of the person directly coercing it, or nullifies its freedom of choice, despite the coercion resulting in the desired behavior. Thus, the circumstances under which the will was formed are dissimilar. In both cases, coercion changes the verdicts, whether directly or through the person under duress