WAR, LRSA hail legal victories in four sexual violence cases

Two non-governmental organisations (NGOs) — the War Against Rape (WAR) and the Legal Aid Foundation for Victims of Rape & Sexual Assault (LRSA) — have hailed recent legal victories in four sexual violence cases, in which the abusers have been convicted, and applauded the bravery and struggle of the survivors and their families in fighting for justice.

East Additional District & Sessions Judge-VII (ADSJ) Javed Hyder Phulpoto of a gender-based violence court sentenced Naeem to 14 years of rigorous imprisonment for raping and brutally assaulting a girl child of only three years old for offences punishable under sections 376/337-A(i)/34 of the Pakistan Penal Code (PPC), and imposed a fine of Rs100,000. FIR No. 660/2017 had been lodged at the Korangi Industrial Area police station.

West ADSJ-X Irshad Hussain sentenced Saleem to 10 years of imprisonment and imposed a fine of Rs200,000 after he pleaded guilty to kidnapping and raping the survivor. FIR No. 106/2015 had been lodged at the Sher Shah police station under sections 364-A/376 of the PPC.

In another case, the same judge sentenced Iftikhar to 10 years of imprisonment and imposed a fine of Rs200,000 for raping a 15-year-old survivor. FIR No. 444/2019 had been lodged at the Mominabad police station under Section 376 of the PPC.

In yet another case, ADSJ Hussain sentenced Khalil to 10 years of imprisonment for an offence punishable under Section 376 of the PPC, and imposed a fine of Rs200,000. FIR No. 130/19 had been registered at the Ittehad Town police station.

Together WAR and LRSA are currently providing free litigation services in 30 sexual violence cases, according to WAR’s Sheraz Ahmed. Both NGOs also commend the untiring efforts, dedication and commitment of their advocate Asiya Munir and their team to ensure that the perpetrators of the heinous crime of sexual violence do not go unpunished.

Under-reporting

WAR’s Factsheet on SGBV (sexual & gender-based violence) 2020-21 reveals that the average age in its investigated sexual violence cases is only 13 years, which is alarming.

Between January 2021 and June 2021, 10 children a day were sexually abused across Pakistan. At least 11 rape cases are reported across the country on a daily basis, with 22,037 rape cases having been reported to the police across the country in the past six years.

Out of the total cases, 4,060 cases are pending in courts, and in which only 77 accused have been convicted, comprising 0.3 per cent of the total figure, while only 18 per cent of the cases have reached the prosecution stage.

Moreover, only 41 per cent of the rape cases are reported to the police. WAR believes that these figures are only the tip of the iceberg, as the actual numbers may be three times higher than the reported ones.

“Under-reporting of cases can be attributed to various social issues, such as lack of awareness amongst survivors/victims about their rights or actual procedure, stigma, shame and guilt, fear and lack of trust, including biased, judgmental and discouraging attitudes in the relevant authorities of the criminal justice system, or the police might be missing reliable data,” said Ahmed.

Recommendations

WAR has been voicing concerns about the growing severity and the increasing number of child sexual abuses, and recommends the state to address the frontline stakeholders, that is the police, prosecutors and judges, medico-legal officers (MLOs), including the media, academics and community members, who need to be sensitised and re-sensitised through refresher courses to identify, prevent and effectively respond to ensure the safety and protection of the vulnerable segments of society.

WAR believes that there is an urgent need to biannually build the capacity of key state actors of the justice system, line government departments and other stakeholders on gender sensitisation, the laws protecting women, children and transgender persons, the importance of behavioural change and a referral support mechanism to improve SGBV response services in Pakistan.

The NGO suggests that for sustainable change and impact, the capacity of police officers needs to be built to enhance their technical skills on evidence collection, including forensics and appropriate understanding of medico-legal requirements in SGBV cases.

The organisation also stresses on urgently filling vacant MLO posts for both males and females across Sindh, enhancing their skills and building their capacity on standardised best practices, including forensics, in SGBV cases.

WAR further demands that the authorities concerned effectively implement the anti-rape law 2021, execute accountability mechanisms in state-sponsored services dealing with survivors, and conduct fast trials to ensure speedy justice, so that cases of sexual violence are decided within six months at the very least.