Rape and low conviction

Pakistan’s low conviction rates for sexual assault highlight urgent need for legal reform and victim protection.

Sexual assault remains a massive problem in Pakistan, where a worryingly high offence rate pairs with an abysmal conviction rate, creating a recipe for disaster. Reliable data on sexual assault and related crimes has always been difficult to collect due to low reporting rates and cultural 'norms' that force victims to stay silent. Still, the data collected by various NGOs and news reports suggests that conviction rates in cases in Punjab - where reporting and case filing is relatively higher than other provinces - was just 16%, or less than one per cent of the estimated number of attackers.

Despite the introduction of specialised courts and ostensibly strong penalties on the books, the acquittal rate in cases of rape and other forms of sexual assault remains worryingly high because, among other things, evidence collection and victim testimony are still problematic, and the requirements for a conviction are still relatively high, especially since rape cases can often turn into 'he said, she said' trials. Incidentally, this is also a major factor in why victims refuse to come forward - if their attacker is not convicted, the victims may be smeared in public for having 'loose character'.

Such problems even arise in cases where consent cannot legally be given, such as the assault of minors. Cases regularly pop up where attackers are charged with lesser crimes because prosecutors fear that a court might not convict them of rape, even when the act is not in question and the victim is a child. Accused rapists have been acquitted in some cases because the victims had not been beaten and bruised. There are also horrifying examples of jirgas forcing women to marry their rapists and courts accepting these marriages as grounds for acquittal instead of prosecuting the rapists for their crimes, and jirga members for subverting justice.

While things are getting better, the rate of improvement needs to increase rapidly, with legal reforms, education and awareness efforts to create a society where victims are protected and attackers cast out, rather than the other way around.