Assessment the New Judicial Procedure in Rape Cases in the Light of the Teachings of Restorative Justice: The “Status quo +” Model: Case study of criminal court (1) of Tehran

In restorative justice, the answer to the problem of crime is determined by the participation of the victim, the perpetrator and the local community. Restorative justice without being limited to a specific program or a set of programs or a single model, requires a different perception of crime, understanding and the answer to it and transformation in the whole legal system with the relative adherence of actors to the restorative principles and values. Iranian judicial discourse in cases of sexual violence under the influence of redefining the objectives of criminal intervention in the legislative discourse and, consequently, recognizing restorative justice in Islamic Penal Code and the Code of Criminal Procedure in Tazir, informally and to some extent adopted Restorative mechanisms in these cases. The main issue of this article is to identify and assessment (of course, sometimes critical ) of the procedures and new and innovative mechanisms of judges in rape cases in Criminal Court (1) of Tehran, using in-depth and semi-structured interviews with 35 judges of this court and several participatory observations. The results of this study indicate that these mechanism sometimes are closely related to the “Status quo +” model.