By 
2-12-2024
Markela Ndocaj
Pakistan Researcher,
Global Human Rights Defence.
Once again, a minor girl has fallen victim to society’s lack of protection for people who are fragile and helpless. A court in Sindh gave a perpetrator of sexual abuse what it thought was a fair sentence: a 14 year imprisonment under Section 377-B (sexual abuse punishment) of the Pakistan Penal Code (PPC) (Dawn, 2024), alongside a fine of Rs1 million, with default additional imprisonment for six months. However, the case has highlighted Pakistan’s long road ahead to achieving victim justice.
Irfana Qadri, the state prosecutor, recounts that the survivor used to visit her neighbour’s house while her mother was at work. Subsequently, the defendant Ashook’s actions were brought to light casually, as his daughter-in-law checked his mobile phone to call someone before she found inappropriate photographs of the minor girl. In her testimony, the victim disclosed that the accused lured her with candies and after that he would inappropriately photograph her. The statements highlight the innocence behind the minor girl’s choice to trust the convict, and illustrates the potential that the incident would never have been reported if it was not for the witness. The relationship a child has with the perpetrator is a reason for creating barriers to disclosure (AFC, 2017).
A recent study found that in 2023, a woman was raped every 45 minutes in Pakistan, and that was only counting the cases that were actually reported to the authorities (PakistanToday, 2024). In fact, it has been stated that less than three percent of rapes actually get reported by victims, making it a severely underreported crime. To explain this, a study conducted by the Legal Aid Society (LAS) found that re-victimisations of female survivors by the Criminal Justice System (CJS) is a common occurrence. This has a knock on effect on victims who will refrain from speaking up. However, even if victims do speak up, 58 percent end up turning hostile (LAS, 2021).
The turn of events regarding Ashook’s conviction should hopefully encourage young sex abuse victims to speak out, as the court noted that the statement of the victim could be sufficient for conviction, as long as it is credible and corroborated by other evidence. The court observed and underlined that the testimony of a victim holds significant weight, especially when the allegation relates to a sexual offence.
Sources and further readings:
Abdullah, S., Dawn, ‘Man gets 14 years in prison for sexually abusing minor girl, November 2nd, 2024. Available at: https://www.dawn.com/news/1876091/man-gets-14-years-in-prison-for-sexually-abusing-minor-girl (Accessed November 2nd, 2024)
Nekokaram, M., A., PakistanToday, ‘Rape epidemic: A legal battle for victims’, August 14th, 2024. Available at: https://www.pakistantoday.com.pk/2024/08/14/rape-epidemic-a-legal-battle-for-victims/ (Accessed November 2nd, 2024)
Zia, M., Shallum, O., D., Randhawa, S., Legal Aid Society (LAS), Gap Analysis On Investigation And Prosecution Of Rape And Sodomy Cases, 2021.
Available at: https://www.las.org.pk/wp-content/uploads/2021/04/Gap-Analysis-on-Investigation-and-Prosecution-of-Rape-and-Sodomy-Cases-R.pdf (Accessed November 2nd, 2024)
Torrance, S., Alliance For Children, ‘Why Children Don’t Tell’, 2017. Available at: https://www.allianceforchildren.org/blog/2018/08/why-children-dont-tell (Accessed November 2nd, 2024)
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