Consent on trial: How Pakistan’s courts are failing rape survivors |
Consent on trial: How Pakistan’s courts are failing rape survivors
Earlier this month, Pakistan’s Supreme Court (SC) set aside a rape conviction, changing it to fornication (consensual sex out of marriage), reducing a 20-year sentence to five years and slashing the fine from Rs500,000 to Rs10,000, sparking fresh calls for better protections for Pakistani women.
“Such judgments do not give confidence to women to come out and report sexual violence perpetrated on them,” said Ayesha Farooq, chairperson of the government-notified Committee of the Anti-Rape Investigation and Trial Act, formed in 2021.
Despite protective legislation, 70 per cent of gender-based violence (GBV) incidents go unreported. Of those reported, the national conviction rate stands at just 5pc, with some categories as low as 0.5pc and domestic violence convictions at 1.3pc.
Senator Sherry Rehman highlighted the stark figures: in 2024, Islamabad recorded just seven convictions out of 176 reported rape cases. Khyber Pakhtunkhwa reported one conviction from 258 cases, Sindh reported no convictions despite 243 cases, and Balochistan recorded 21 rape cases with no convictions.
Legal precedent or social regression?
Nida Aly, Executive Director AGHS Legal Aid Cell, said, “I have never felt so disappointed in our judiciary. Judges have failed as a gender-competent forum and lost credibility.”
The SC case involved a survivor who, in 2015, was raped at gunpoint while relieving herself in the woods. She reported the incident seven months later; DNA tests confirmed the accused as the father of her child. The trial court convicted him, and the Lahore High Court (LHC) upheld the verdict. Yet at the SC,........