Proclaimed offenders: FIRs against female aiders of rapists spark debate

Experts say if convicted, it will be first of its kind punishment to women in such cases

ISLAMABAD: As federal capital’s police declared ten women proclaimed offenders in cases where they aided male rapists, a new debate has started over the legal procedures to prosecute women under the existing laws.

The legislatures, police and clerics, who wanted to revise existing laws, prompt jurists/courts to ask questions both from the rapists and aiders/abettors by following a fresh and comprehensive procedure set under the existing laws.

“Trial of these ten women, who aided rapists, is being discussed everywhere,” said a senior police officer, now dealing with such cases. Only aggressive pursuit of such rape cases could serve speedy justice, he said.



If these women are convicted – it will be the first of its kind punishment in such cases, he told The Express Tribune. “Unfortunately, conviction rate in rape cases has remained zero during the last five years in the capital,” he added.

These women helped a total of 150 male rapists, who have also been declared proclaimed absconders by the Islamabad police, read Interior Ministry’s figures submitted to the Senate last month.

“Women, who aide rapists, must be prosecuted by the courts under the same laws,” said Human Rights Commission of Pakistan Chairperson Zohra Yusuf.

“Unfortunately, this is a trend which is spreading,” she observed while quoting example of a girl, who was allured by her female teacher and later raped in Karachi.

“All are equal in eyes of Islamic laws – no matter it’s a male or a female. Rapists and aiders/abettors must be punished,” said Tahir Ashrafi, a senior member of the Council of Islamic Ideology (CII).

He said judges can now decide rape cases based on victim’s DNA report as the CII, in response to its letter on this issue, has revised its recommendation pertaining to the DNA report.

A former senior policeman Naveed Malik said in most of the cases the women have most likely facilitated rapists and they must be prosecuted. “However, sometimes people also file false rape cases against women due to family disputes,” he said.

He stressed upon usage of scientific evidences which definitely would be helpful for judges to conclude the cases.

“The DNA is not reliable evidence – it’s almost next to impossible to prove rape in light of the existing laws. This is the main reason of zero conviction,” he told The Express Tribune.

Here it must be noted that Ministry of Law and Justice has recently endorsed a proposal – made by Pakistan Peoples Party Senator Sughra Imam – with regard to disposal of rape cases within six months by a trial court.

Published in The Express Tribune, December 4^th, 2014.