Challenges of Bisexual and Transsexual Disorders in Sexual and Gender-Based Offences

Nowadays, the process of matching criminal law according to the circumstances of the offender has been of great importance; in fact, to operationalize the strategy of the deterrence of offences, it is necessary to equip the criminal law in proportion to the status of the offender. In this regard, the commission of some criminal offences that is the sexual and gender-based crimes by bisexual and transgender persons who have sexual identity disorder, is at the forefront of one of the most important challenges facing the world's criminal policy-makers. Therefore, taking an appropriate and effective criminal policy necessitates that the physical and mental condition of individuals whose sexuality and gender play the essential role in the specified crimes are taken into consideration. With an investigation into this paper, it is clarified that the activists of the Iranian judicial system have chosen to take a passive strategy against the perpetrators of sexual and gender-based crimes without identifying their bisexual and transsexual disorders. Therefore, there is a serious challenge to the bisexual and transsexual individuals considering the generalization of the attributes the offenders of these crimes to these individual. Thus, this study seeks to analyze and resolve the challenges facing bisexuals and transsexuals as perpetrators of sexual and gender-related offences and related punishments.