Sexual violence, including rape, remains a pervasive problem across Pakistan, posing serious threats to individual safety and social stability.
The South Asian countries faces an alarming reality where the prevalence of sexual violence is high but the conviction rate is very low.
This shows systemic failures in Pakistan’s legal and social framework and calls for urgent reforms to ensure justice for victims and deter criminals.
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 Pakistan’s leading English daily The Express Tribune, data collected by various NGOs and news reports show that the conviction rates of cases in Punjab – reporting and prosecution are comparatively higher than other provinces. 16 percent, or less than one percent of the estimated number of attackers.
According to various human rights organizations, the conviction rate for rape in Pakistan is less than 3 percent, which is in stark contrast to the magnitude of reported cases.
Despite the establishment of specialized courts and apparently strong punishments, acquittal rates for rape and other sexual violence cases remain high in Pakistan.
Rape cases often devolve into “he said, she said” trials, which further complicates the delivery of justice. This is a significant deterrent for many victims, as they reportedly fear public embarrassment for having a “loose character” if their attacker is acquitted.
In many cases, the attackers are charged with lesser offenses because prosecutors fear that the crime cannot be denied and, even when the victim is a child, they are unlikely to be convicted of rape.
Some polluters have reportedly been acquitted because the victims were not visibly injured.
Disturbingly, there are cases where women are forced to marry jirga-tribal council-rapists, and courts recognize these marriages as valid and use them as a basis for acquittal, holding the perpetrators and jirga members accountable for their actions.
Several factors contribute to the low conviction rate for sexual assault in Pakistan:
Social stigma and victim blaming: Victims of sexual violence often face severe social stigma, including ostracism from their communities and families.
This stigma discourages many survivors from reporting their cases. When cases are reported, victims often encounter victim-blaming attitudes from law enforcement, legal representatives, and even judges.
Pakistan’s law enforcement agencies are often ill-equipped to handle cases of sexual violence sensitively or effectively.
Police officers may lack training in gathering evidence, understanding trauma, and supporting victims. As a result, the mishandling or omission of crucial evidence can weaken the case against the accused.
The judicial system suffers from long delays, outdated procedures and corruption.
Survivors can face aggressive and humiliating cross-examination, and forensic evidence is rarely given sufficient weight.
Moreover, the burden of proof often falls disproportionately on the victim, making it extremely difficult to establish guilt.
Pakistan has introduced laws to combat sexual violence, including the Anti-Rape (Investigation and Prosecution) Ordinance, 2020, and enforcement is inconsistent.
Cultural taboos surrounding discussing sexual and gender-based violence further silence victims.
In some cases, social norms rooted in misinterpretation of religious teachings are used to justify or downplay sexual violence.
However, systemic differences are still unclear. Media coverage can be a double-edged sword – while it raises awareness, it can also sensationalize cases and further traumatize and scrutinize victims.
Addressing this crisis requires a coordinated effort by the government, civil society and the international community.
Survivors must be at the center of these efforts, and their voices guide policy and practice.
Although the road to justice is long and fraught with challenges, change is possible.
