A rape by force or threatening is punishable by capital punishment in Islamic criminal code 1392 . and other situation such as sexual intercourse under seduction, threat, abduction, sleeping, drunkenness and anesthesia are joined to it as well. Necessitating a woman by a man in order to sexual relationship and subsequent abuse of this relationship for other next ones ignored by legislator. Different interpretations such as referring to article 167 of the constitution, narrow interpretation or interpretation in b half of accused , priority deduction and deduction by which reason of law can be perceived, have been dealt with (examined) In this paper and ultimately , abandoning characteristics of cases mentioned in law and by decisive capturing of criteria of law and inference the reason of the principle i.e. reluctant of woman in all cases , causing necessity for woman with regard to sentencing can be joined to the rape.
