Sexual assault, including rape, remains a pervasive issue in Pakistan, posing serious threats to individual security and social stability.
The South Asian nation faces an alarming reality where the prevalence of sexual violence is high, yet conviction rates are abysmally low.
This combination underscores systemic failings in Pakistan’s legal and social framework and calls for urgent reforms to ensure justice for victims and deterrence for perpetrators.
In Pakistan, cases of sexual assault often make headlines, sparking widespread outrage and calls for action.
However, for many survivors, justice remains elusive.
According to an editorial published in one of Pakistan’s leading English daily, The Express Tribune, the data collected by various NGOs and news reports suggest that conviction rates in cases in Punjab — where reporting and case filing are relatively higher than in other provinces — were just 16 percent, or less than one percent of the estimated number of attackers.
“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,” the editorial added.
As per various human rights organizations, the conviction rate for rape cases in Pakistan hovers below 3 percent, a stark contrast to the magnitude of reported incidents.
This means the overwhelming majority of perpetrators escape accountability, perpetuating a culture of impunity.
Despite the establishment of specialised courts and the existence of seemingly strong penalties, the acquittal rate for rape and other sexual assault cases remains alarmingly high in Pakistan.
This is primarily due to issues like improper evidence collection, difficulties with victim testimony, and the high legal thresholds required for conviction, according to local media reports.
Rape cases often devolve into “he said, she said” trials, which further complicates the pursuit of justice. This is a significant deterrent for many victims, as they fear public shaming for having “loose character” if their attacker is acquitted, as per reports.
These challenges also extend to cases where consent is legally impossible, such as with the assault of minors.
In many instances, attackers are charged with lesser offences because prosecutors fear a rape conviction is unlikely, even when the crime is undeniable and the victim is a child.
Some rapists have been acquitted because the victims were not visibly injured, according to reports.
Disturbingly, there are cases where jirgas—tribal councils—force women to marry their rapists, with courts accepting these marriages as valid and using them as a basis for acquittal, instead of holding the perpetrators and jirga members accountable for their actions.
Sexual violence is not limited to any one demographic; it affects women, children, and even men, though the vast majority of reported cases involve female victims.
A combination of patriarchal norms, victim-blaming attitudes, and societal stigma prevents many survivors from coming forward.
Those who do face an uphill battle in navigating a judicial system fraught with inefficiencies and biases.
- Several factors contribute to the low conviction rates for sexual assault in Pakistan:
Social stigma and victim blaming: Victims of sexual assault often face severe societal backlash, including being ostracized by their communities and families.
This stigma discourages many survivors from reporting their cases. When cases are reported, victims frequently encounter victim-blaming attitudes from law enforcement, legal representatives, and even judges.
Ineffective law enforcement: Law enforcement agencies in Pakistan are often unequipped to handle sexual assault cases sensitively or effectively.
Police officers may lack training in collecting evidence, understanding trauma, and supporting victims. As a result, crucial evidence may be mishandled or ignored, weakening the case against the accused.
Flawed judicial processes: The judicial system is plagued by lengthy delays, outdated procedures, and corruption.
Survivors may face invasive and degrading cross-examinations, and forensic evidence is rarely given adequate weight.
Moreover, the burden of proof often falls disproportionately on the victim, making convictions exceedingly difficult to secure.
Insufficient legal protections: While Pakistan has introduced laws to combat sexual violence, including the Anti-Rape (Investigation and Trial) Ordinance of 2020, enforcement remains inconsistent.
Legal loopholes and the lack of implementation mechanisms undermine the potential impact of these reforms.
Cultural and religious misinterpretations: Cultural taboos around discussing sex and gender-based violence further silence victims.
In some cases, societal norms rooted in misinterpretations of religious teachings are used to justify or downplay sexual violence.
High-profile cases of sexual assault have brought national and international attention to the issue.
These cases often lead to short-term public outrage and promises of reform from authorities.
However, systemic change remains elusive. Media coverage can be a double-edged sword—while it raises awareness, it can also sensationalise cases and expose victims to further trauma and scrutiny.
Experts opined that addressing Pakistan’s low conviction rates for sexual assault requires a multi-faceted approach, which includes strengthening legal frameworks, improving law enforcement, reforming judicial processes, supporting survivors, challenging cultural norms, and leveraging technology.
Pakistan’s struggle with sexual violence is not unique, but its low conviction rates underscore the urgent need for systemic reform.
Addressing this crisis requires a coordinated effort from the government, civil society, and the international community.
Survivors must be at the centre of these efforts, with their voices guiding policy and practice.
While the road to justice is long and fraught with challenges, change is possible.
According to experts, by prioritising victim protection, strengthening institutions, and fostering a culture of accountability, Pakistan can begin to address the scourge of sexual violence and ensure justice for all.
“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 attackerscast out, rather than the other way around,” The Express Tribune editorial read.