مبانی طبی، حقوقی و فقهی تعیین ارش ناتوانی جنسی در زنان آسیب نخاعی

The changes incurred after spinal cord injuries affect the sexual activity. One of sexual problems following the female spinal cord injuries is the sexual dysfunction or frigidity. The present paper examines this issue and its medical, legal and jurisprudential fundamentals. In case of claiming compensation for demise of interest in spinal cord injured women, the public court rejects this claim in some cases because of not accepting the female sexual dysfunction. Thus, the appeal court proceeds to issue a verdict by obtaining the experts' opinion on the compensation. The legislator has explicitly referred to the demise of interest issues including the lack of pleasure in sexual intercourse for which compensation should be determined. In addition, the review of jurisprudential resources, considering the jurisprudential viewpoints and, also, the related requests made for an advisory opinion (Istiftaat) prove the necessity of determining compensation in this respect. Since female sexual dysfunction is equivalent to men's impotence, the female sexual dysfunction compensation is determined as equaling the half of woman's full blood money and one-fourth that of man's. It is noteworthy that if the criminal and the victim have different ideas on the demised interest, it will be proved through swearing, if the demised interest is not determined based on legal and jurisprudential regulations and after examined by forensic medical experts.