Rape survivors abandoned at the door of justice

Delays in collection of evidence, lack of trauma-informed judicial proceedings have led to an alarmingly low convictio

KARACHI:

What was she wearing? What did she say? Why was she outside the house? These are just a few of the seemingly innocent questions debated by the flagbearers of morality in the aftermath of nearly every other rape case. Amidst such shameless victim blaming, for a survivor of sexual violence to pursue a rape case in court is akin to walking through fire that is flamed by the failing criminal justice system in Sindh.

Due to various cultural stigmas, legal defects and structural problems, access to justice for victims of rape remains a challenge in the province, where either cases are not filed out of fear of social alienation by the victim, or registered cases are not carried to completion, allowing the perpetrator to roam around with dignity. In the latter scenario, delays in the filing of the First Information Report (FIR), postponing of the medico-legal examination and the sluggish efforts of the concerned officials, have led to an alarmingly low conviction rate for sexual violence, where only 15 out of every 100 rape accused are convicted by the court.

"The late filing of FIRs by the police alongside unnecessary delays in the medico-legal examination of the victim, allow the evidence of the incident to be erased. The lengthening of the legal process, from the time the case is filed in the police station to the final challan being presented in court, goes in favour of the accused," said Amna Osman, a barrister from Karachi, while explaining the low conviction rate for the heinous crime.

Concurring with Osman, Ismail Meo Rajput, another advocate, agreed that the requirements of solid evidence complicated the deliverance of justice for rape victims. "Earlier, under the Hudood Ordinances, 1979, it was impossible to prove a case of rape since the testimony of four Muslim eyewitnesses was required as evidence. Even though, today, the Pakistan Penal Code (PPC) allows rape to be proved through medical and circumstantial evidence, sometimes the proof is not easy to collect. Hence, the ratio of convictions in rape cases remains very low," explained Rajput.

According to the orders issued by the Supreme Court in 2012, an immediate DNA test and medico-legal examination of the rape victim by a female doctor was mandatory, while it was also directed to record the statement of the victim before the female magistrate and to conduct the court proceedings in a closed room. Additionally, it was also ordered that minor rape victims should not be produced in the court and their statements should be recorded through video conference.

Even after the passing of more than a decade, the above orders of the Supreme Court have not been implemented in Sindh, where just this year the government finally decided to employ 13 female medico-legal officers in the Civil, Jinnah and Abbassi Shaheed Hospitals across Karachi. "Earlier, only six female medico-legal officers were working in the city's government hospitals," informed Police Surgeon Dr Summaya Syed.

According to the Standard Operating Procedure's (SOPs) prepared for the police stations, as soon as any incident of rape is reported, the DNA sample of the victim will be sent to the concerned laboratory within 24 hours, while the report was also to be obtained within a similar timeframe before immediately submitting it to the court.

According to the Former IG Police of Sindh, Kaleem Imam, the Sindh government had entered into an agreement with the International Centre for Chemical and Biological Sciences at the University of Karachi and the laboratory of Liaquat University of Medical Sciences Jamshoro for an expedited availability of DNA reports but due to a lack of timely funds, DNA test reports were often not received on time. This is despite the fact, that the SOP's clearly state that in case the report of the DNA sampling is delayed due to non-payment of dues in the concerned laboratory, the investigating officer or the IG police shall immediately pay from their own funds.

The implementation of the above SOPs can be gauged from an official report submitted to the Sindh High Court, which claimed that out of 474 cases of rape, DNA testing was only carried out in 142 cases.

"DNA testing is not mandatory in every case," justified Shehla Qureshi, Additional Inspector General of the Gender Crime and Human Rights Cell Sindh Police, who while speaking to the Express Tribune took pride in the fact that the government's efforts had allowed the conviction rate in Sindh to improve from 5 per cent to now 15 per cent.

While DNA testing might not be required for carrying forward every rape case, trauma-informed juridical proceedings are the bedrock of ensuring a higher conviction rate. Dr Karim Khawaja, a senior psychiatrist, shed light on the covert ways in which trauma severely impacted the victim's ability to pursue her case. "Therefore, it is necessary for the female-medico legal officer to refer the rape victim to a psychiatrist, who will help the victim through the proceedings," urged Dr Khawaja.

Ultimately, the low conviction rate boils down to what Dr Riaz Shaikh, Professor of Social Sciences at SZABIST termed the unfortunate reality of our conservative society, which viewed women as property. "The obsession with women's honour allows rape to be seen as a polluting act. Therefore, women refrain from reporting the crime out of fear of being rejected by their families. The social pressure to stay silent serves as the double exploitation of rape victims," concluded Dr Shaikh.