The writer is a poet and is currently studying law at the University of Sheffield. She has previously worked at the Daily Times
There is a common misconception that rape is a sexual crime. Rape is, in fact, a gender-based crime, based on enforcing male dominance in society. It not only affects the direct victim but also affects the position of women collectively. Such acts of violence instigate fear in women and ensure that they are not able to enjoy freedom. In our society, rape is used as an instrument to enforce the subordination of women to men.
It is common practice in patriarchal societies to treat women as property rather than as human beings with equal rights to men. In such societies, it is not shocking that men who treat women as mere property feel entitled to not only dictating their lives but also to accessing their bodies.
Needless to say, what happened to the little girl in Lahore is one of the most heinous crimes possible and deserves the severest of punishments. However, a silver lining is the fact that people are openly condemning such acts. More often than not, rape has been at the center of controversy in Pakistan; the citizens of this country weren’t always so vocal about such issues and the media discussed them in hushed tones. Sadly, we still have a long way to go before we can even come close to resolving such problems. On the one hand, it is progressive that people no longer believe that there is anything offensive about condemning rape publicly, however, on the other hand not all rape victims receive the same support. Where the rape of a child instigates sentiments of fury in the general public, the case is very different where a mature female is involved. Usually, the general public appears to be hesitant when attributing blame in such cases and the victim is looked upon with much doubt by society. More often than not the victim is treated as the culprit with people blaming the victim for inviting the assault.
This reflects the overall mentality of society when it comes to objectifying women. It needs to be understood that a woman, like a man, has rights over her body and no one has the right to violate those rights regardless of her physical appearance or character. When people justify rape based on such foolish notions, what they are basically saying is that when a woman appears ‘provocative’ enough, a man is left with no choice but to rape her.
Similarly, marital rape is not even considered rape in our society where a woman is expected to submit to her husband’s will and does not have the ‘luxury’ to say no. It needs to be understood that the basic definition of rape is sex without consent, no matter who the culprit is and that it is a crime punishable by law regardless of the character of the victim. Due to this sorry state of affairs, numerous rape cases are never even reported as people try to avoid the shame the victim is put through once such a case becomes public. In our country, the bigger ordeal begins after the rape has been committed.
There is an urgent need for a government based on secular beliefs so that the state can take it upon itself to ensure women enjoy equal status to men. There is also an urgent need to reform the education system, to create awareness among people in order to ensure that, at least, the new generation is not built on sexist beliefs. Such chauvinistic attitudes cannot be eliminated till society is educated enough to understand that a man and woman are equal in every respect and that no gender is dominant in society. Such an outcome cannot be achieved until and unless we are governed by a secular system. There is absolutely no other way to stop this abuse.
Published in The Express Tribune, September 20th, 2013.
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COMMENTS (38)
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Author is screwed up with twisted mind and heavily intoxicated with secular ideas without having a sound basis of her ideas .The secular belief societies have not produced angels living in flawless societies .The problems is in USA France and Europe people with little knowledge of issues do not not write articles without doing a through and analytical search on the subject and don't demean their own societies .Author should have looked at the statistics of crime including rape http://www.nationmaster.com/graph/cri_rap-crime-rapes“ then should have made some conclusion .It is a nonsense peace of writing and misleading the soviet , using elegant English language skills but no analytical skills to justify this garbage.
Unfortunately, the author and many others in our society have formed this view after studying the West and hearing many Westerner's point of view. If we all studied Islam for what is really is (most molvis have a very distorted view of Islam), we would not need to gather this information and form such views from the West, we would have it way before them.
@A Peshawary: It means FULLSTOP!
Can you please explain relevance of the word period in the heading. A Peshawary
@MSS: I am from Australia and you talk utter nonsense.
If we go with the anolaogy of the heading of this article then loot or theaft is also taking goods or money without consent and slapping may also be touching cheeks without consent. What a non sense..!
@SIA: "So does that mean sex with consent is right thing to do? even if you are not married"
If it is between two consenting adults, who are not already in a relationship with someone else, then it's certainly not wrong. It's really no one else's business.
@Usman Masood: I love Karachi and those who are sincere with Karachi
@slave:"Get real sister, remove your blindfold, and reexamine the statistics here: http://www.nationmaster.com/graph/cri_rap-crime-rapes"
Did you cared to see most of these "statistics" on that link are based on 2009 data? And more importantly, Pakistan's statistics are based on year 2000's data! And way more importantly than that, the data is not only outdated but it is only based on number of reported rapes.
If I were to link you real statistics about Pakistan in various matters, you will be horrified. A country where rape is largely unreported, where focus on education is really low, where there has been NO actual accurate population consensus for last 15 years, where there has been no accurate data based on proper formula with regards to poverty figures, do not even talk about Pakistan being "better" than western secular countries. And I'm not making this up to bash Pakistan(is), the real situation in Pakistan is way worse than what is shown in Pakistani media (or what they dare to show you).
@Ayesha M You must really love Altaf bhai...honestly, all you ever post is in favour of MQM. And I have to say, if you support a terrorist organisation, I wonder how you live with yourself.
so does that mean sex with consent is right thing to do? even if you are not married
@Aysha M: Excellent sound bite..........but let us remember that for a full 5 years and much more before that, Karachi was being governed by as you like to put it - with the consent of the people - but it was still being subjected to rape.
This is a very good article. Being an economist I can argue that 'market-based' solution is the best solution to such issues. Ability to pay should determine the partner. Money makes the mare go as they say must be the basis of sexual relations within marriage and even outside. What a wisdom!
absurd, Then what about a 4 yrs old boy raped/assaulted by school principal. Do not make new definition on the basis of limited knowledge.
If Karachi is governed without the consent of its people does that amount to RAPE OF KARACHI?
Secular "beliefs" hmm..please tell me more about how leading secular states have managed effectively eliminate rape from their society.
Get real sister, remove your blindfold, and reexamine the statistics here: http://www.nationmaster.com/graph/cri_rap-crime-rapes
pakistan and saudi arabia are last in line, while your ideal pan-secular western countries - leading in front, the fort of secularism - france. While the US according to wikipedia, has the largest no. of unreported cases.
Our entire nation was shocked and horrified at the incident, but this is everyday news in the west, with hundereds of newspapers and tabloids reporting different cases on a regular basis.
Please, If you're going to give us an ideal society to look at, atleast do your homework
Please print. Have tried level best to stay away from direct blasphemy against any religion.
@author: While sex without consent is also rape, please refrain from a such a definition of the word. Rape is much more that just sex as you rightly point out and thus is not just about sex wihout consent.
Must admire your courage for talking about marital rape. Kudos.
@just_someone: It is necessary that, in grim times such as these where women's rights are at a low, we do not dilute the definition of rape. While sex crimes can happen against men, rape must primarily cover acts of violence and forceful sex against women.
@all: when the author said secular she was pointing to some religious tenets that allow a man to get sex whenever he wants. That kind of thing making into the law would legitamize rape rather than treat it as a crime.
@1984: While sex without consent may not be easily proven, violent sex in most cases can be proven. Agree that there may be misuse, but that requires a more case by case handling rather than shunning a strick law for marital rape altogether.
I find the comments of many here disgusting. Of course men are going to be the victims of violence and rape, but the amount of violence against women is FAR higher in Pakistan. These commenters need to consider the situation on the street: is it the women or the men who are the target of leering stares and in some cases being following by men?
@Confused: Your name is apt. A child by definition does NOT have personal responsibility. I can flip that argument and say that if an adult convinces a 4 year old to shoot someone with a gun, that child will have done it with her consent and shall be as punishable as if an adult did the shooting? Clearly not! This is why the idea of statuary rape is a sound one, because children are never going to know what's best for them until they reach the legal age of adulthood.
The point of marital rapes is valid. Numerous women go through this ordeal but no one can even voice their concern.
The idea of a secular government sounds good and should be implemented asap and all the laws like diyat qasas huddod should be abolished and laws should be made according to the needs of society or if needed particular laws for particular regions....................because in some religions women are regarded as inferior commodities
So of if the molester somehow convinces a child, that will not be a rape. Period!
Rape is NOT sex!
I find the faulty but tragic logic coming from a cultured and educated (?) female baffling.
Rape is pure, unalloyed violence on women. Please don't justify it somehow!
If a man was beaten to death in the guise of giving him a really good, hands-on, invigorating massage, will it be considered murder? After all, the beating really did relax his muscles, although his skull and a few other bones got cracked in the process!
I rest my case.
@np: Is there a legal age of consent for sex in Pakistan ? Please advise.
Very sadly, rape has always been prevalent in Pakistan. Due to the stigma attached and the shame associated with it, the crime is usually hushed up the victim, his/her family and no criminal charges are brought about. Now the trend may be changing as people or at least the media are being vocal about it and the victims are coming forward. It is imperative that the victims not be stigmatized or made to feel that they are at fault. In fact, they need counselling rather than opprobrium of society. And the perpetrators should be brought to justice. We make a lot of song and dance about some stupid film but no one lifts a finger when the crime is closer to home. Its a very sad state of affairs.
How do propose to reform a society like Pakistan, Iran where supremacy of religion rules everyday behaviour? Secular and equality - as you know in the West, are not part of the mainstream thought process.
So u mean marriage with out sex will be good one but I have seen couples get divorced in months???
very hard to answer???
I agree that marital rape is an unfortunate crime which is totally unnoticed.... In Indian law too,they discussed about this and also punishment for staring....Though these crimes could create lot of mental stress to the victim...They can also be easilu misused....
For eg,the section 498A allows a woman to complain harassment due to dowry and can easily send the husband and in laws behind bars...But it has been misused by many women for personal vengeance against their relatives...
Similarly,if a woman complains of marital rape.How can the husband disprove it?? Noone can look into the four walls of a room,no circumstantial evidence because husband and wife live under the same roof and DNA evidence is inconclusive..
Same is the case of staring.Any woman can complain against any man for staring as one of the ministers joked which man hasnt stared at a girl in his lifetime??
The reason why death penalty for rape is harsh is because though 1 out of 10 cases in our country do get reported,out of those reported,some are found to be fake complaints either to extract money or a dejected lover trying to make the boy marry her by complaining.... However,the case of nirbhaya was an exception because there is solid evidence of what they did and the victim died of injuried inflicted by the 6 men...
Its always better to look at both sides of the coin before judgement...
I thought that was very interesting and your claim that rape is a reflection of our social norms makes sense but it still remains a heinous crime worthy of the most stringent punishment. The way forward to tackle this is to reform society.........not an easy task. In the end your suggestion towards a solution, of only a secular dispensation being workable may sound good but in reality is not even worth the thought and I am also not convinced of its soundness.
Good that you made it clear that legal reforms in this regards are only possible under a Secular System. In almost all human societies, religion is primary means to justify patriarchy/male dominance.
More pseudo-intellectualism from the self-styled "liberals" that makes the issue more complicated than it needs to be. Rape happens (more) in secular societies, but secularism or religion has very little to do with why people rape (men, women, children). Secularism won't all of the sudden stop rapes. Awareness and proper justice (punishment) is needed. Even that won't stop it. Segregation of sexes is the only thing that would...
Secular Islamic Republic of Pakistan will be quite a mouthful.
"There is an urgent need for a government based on secular beliefs so that the state can take it upon itself to ensure women enjoy equal status to men. "
So am I to deduct that there are no rapes in secular societies?
all is womens fault :p
The author is totally correct in all aspects that she has covered. However, marital rapes are not treated as crimes in any realistic way even in the Western democracies. Most countries have a long way to go before women can expect to get justice for such crimes. Well, here is a starting point. Keep fighting please.
The whole premise of your article is just incorrect (which is not to say I agree with Dworkin, just that this article is EXTREMELY misguided).
For example: "There is a common misconception that rape is a sexual crime. Rape is, in fact, a gender-based crime, based on enforcing male dominance in society." Not true, men are raped by other men, even some women. Rape is not ALWAYS about domination or humiliation but sometimes about sexual control of the rapist. It is also sometimes about mental health issues.
I agree about marital rape. Sadly, a conception exists that the woman should be sexually available 24/7 which is just not possible for any person and this results in marital rape. Yes, thats rape and there really is no excuse for it.
The fact of the matter is, neither you nor Dworkin is correct. Rape is not black or white, it is not just one thing. It is a chasm of heinous acts, against men and women, against old and young, against rich and poor and so on.
When you write about a subject like rape, be careful to discuss the discuss all aspects. This kind of fuzzy journalism is what makes things worse.
Good article. Rape is an act, which ignores the consent part of our relationship with others. But it is not a local problem and occurs all over the world. Unfortunately it has been part of human behaviour since the beginning of recorded history and probably backs into the mists of creation. Our nearest primate relatives commit rape. I don't say this to condone rape; but rather to point out that these crimes occurred in human communities before movies or professional sports had their nefarious influence. I'm not sure what is in the mind of a rapist. It's not something I understand, but I think that it is DNA we are up against not culture. That doesn't mean we should throw up our hands in despair. It is in our DNA to kill yet most of us don't. It is in our DNA to discriminate and fear the outsider, yet many of us overcome prejudice and suspicion. It is in our DNA to believe in the supernatural yet that doesn't prevent us from also being rational. The cultural argument is easily disproved by an examination of isolated pre-industrial societies; where, in some of which, capturing women from neighbouring tribes or communities as mates was and perhaps still is a common occurrence. I say deal the problem on case-by-case basis and not blame the cultural primitiveness. This bit about marital rape is not really rape but forcing yourself to have sex when the partner refuses. In many countries in Europe this is also a crime, although difficult to prove.
In that case many women can also be called rapists.