Sexual Violence (Rape)
Sexual Violence is an all-encompassing, non-legal term that refers to crimes like sexual assault, rape and sexual abuse. The term sexual violence refers to sexual contact or behaviour that occurs without explicit consent of the victim. The aforementioned acts are punishable under Pakistan Penal Code, 1860. Just to add that, as per the Anti-Rape Ordinance, 2020, the two-finger virginity testing, for the purposes of medico-legal examination of a victim is strictly prohibited and any evidence pertaining to the character of the victim is also inadmissible in the court of law.
Sexual Violence (Rape)
Sexual Violence is an all-encompassing, non-legal term that refers to crimes like sexual assault, rape and sexual abuse. The term sexual violence refers to sexual contact or behaviour that occurs without explicit consent of the victim. The aforementioned acts are punishable under Pakistan Penal Code, 1860. Just to add that, as per the Anti-Rape Ordinance, 2020, the two-finger virginity testing, for the purposes of medico-legal examination of a victim is strictly prohibited and any evidence pertaining to the character of the victim is also inadmissible in the court of law.
Sexual assault refers to sexual contact or behavior that occurs without explicit consent of the victim. If you have been subjected to anyone of the following that means you have been a victim of sexual assault. 1- Attempted rape, 2- Fondling or unwanted sexual touching, 3- Forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body or 4- Penetration of the victim’s body, which is an extreme form of sexual assault, known as Rape.
Sexual assault refers to sexual contact or behavior that occurs without explicit consent of the victim. If you have been subjected to anyone of the following that means you have been a victim of sexual assault. 1- Attempted rape, 2- Fondling or unwanted sexual touching, 3- Forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body or 4- Penetration of the victim’s body, which is an extreme form of sexual assault, known as Rape.
Rape is a form of sexual assault, but not all sexual assault is rape. The term rape is often used as a legal definition to specifically include sexual penetration without consent. Please remember that, ‘penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim’ is considered Rape. It is severely punishable under Pakistan Penal Code.
Rape is a form of sexual assault, but not all sexual assault is rape. The term rape is often used as a legal definition to specifically include sexual penetration without consent. Please remember that, ‘penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim’ is considered Rape. It is severely punishable under Pakistan Penal Code.
Women have been subjected to Sexual Violence everyday in Pakistan between 2004-2020
(Source: White Ribbon Pakistan)
Of women commuters have reported facing harassment at the bus stops.
(Aurat Foundation)
Sexual Violence Laws (Pakistan Penal Code, 1860)
Section 375 (Pakistan Penal Code, 1860): Rape
Rape is defined as, ‘A man is said to commit rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions, (i) against her will; (ii) without her consent; (iii) with her consent, when the consent has been obtained by putting her in fear of death or of hurt; (iv) with her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or (v) with or without her consent when she is under sixteen years of age.
Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Section 376 (Pakistan Penal Code, 1860): Punishment for Rape
Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall not be less than ten years or more than twenty-five years and shall also be liable to fine.
Section 376 (Pakistan Penal Code, 1860): Punishment for Gang Rape
When rape is committed by two or more persons in furtherance of common intention of all, each of such persons shall be punished with death or imprisonment for life.
Section 376A (Pakistan Penal Code, 1860): Disclosure of identity of victim of rape, etc.
Whoever prints or publishes name or any matter which may make known identity of victim, against whom an offence under sections 354A, 376, 376A, 377 and 377B is alleged or found to have been committed, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.
Section 376B (Pakistan Penal Code, 1860): Exceptional First Offenders or Repeat Offenders
Whoever is convicted of an offence under sections 375, 375A and 376 may be subjected to chemical castration through a court order, irrespective of the applicable punishment: in exceptional circumstances in respect of the first reported offence of section 375; or (ii) in case of a repeat convict of an offence under section 375.
Explanation.– “Chemical castration” means a process, duly notified by Rules framed by the Prime Minister, whereby a person is rendered incapable of performing sexual intercourse for any period of his life, as may be determined by the court, through administration of drugs which shall be conducted through a notified medical board.”.
Section 377A (Pakistan Penal Code, 1860): Sexual Abuse
Whoever employs, uses, forces, persuades, induces, entices, or coerces any person to engage in, or assist any other person to engage in fondling, stroking, caressing, exhibitionism, voyeurism or any obscene or sexually explicit conduct or simulation of such conduct either independently or in conjunction with other acts, with or without consent where age of person is less than eighteen years, is said to commit the offence of sexual abuse.
Section 377B (Pakistan Penal Code, 1860): Punishment of Sexual Abuse
Whoever commits the offence of sexual abuse shall be punished with imprisonment of either description for a term which may extend to seven years and liable to fine which shall not be less than five hundred thousand rupees or with both.
Section 354 (Pakistan Penal Code, 1860): Assault or Criminal Force to Woman with Intent to Outrage her Modesty
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 354A (Pakistan Penal Code, 1860): Assault or Use of Criminal Force to Woman and Stripping her of her Clothes
If a person assaults a woman using force, strips off her clothes and exposes her to public view, he is liable to be punished with death or lifelong imprisonment, and shall also be liable to fine.
Women have been subjected to Sexual Violence everyday in Pakistan between 2004-2020
(Source: White Ribbon Pakistan)
Of women commuters have reported facing harassment at the bus stops.
(Aurat Foundation)
Sexual Violence Laws (Pakistan Penal Code, 1860)
Section 375 (Pakistan Penal Code, 1860): Rape
Rape is defined as, ‘A man is said to commit rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions, (i) against her will; (ii) without her consent; (iii) with her consent, when the consent has been obtained by putting her in fear of death or of hurt; (iv) with her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or (v) with or without her consent when she is under sixteen years of age.
Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Section 376 (Pakistan Penal Code, 1860): Punishment for Rape
Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall not be less than ten years or more than twenty-five years and shall also be liable to fine.
Section 376 (Pakistan Penal Code, 1860): Punishment for Gang Rape
When rape is committed by two or more persons in furtherance of common intention of all, each of such persons shall be punished with death or imprisonment for life.
Section 376A (Pakistan Penal Code, 1860): Disclosure of identity of victim of rape, etc.
Whoever prints or publishes name or any matter which may make known identity of victim, against whom an offence under sections 354A, 376, 376A, 377 and 377B is alleged or found to have been committed, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.
Section 376B (Pakistan Penal Code, 1860): Exceptional First Offenders or Repeat Offenders
Whoever is convicted of an offence under sections 375, 375A and 376 may be subjected to chemical castration through a court order, irrespective of the applicable punishment: in exceptional circumstances in respect of the first reported offence of section 375; or (ii) in case of a repeat convict of an offence under section 375.
Explanation.– “Chemical castration” means a process, duly notified by Rules framed by the Prime Minister, whereby a person is rendered incapable of performing sexual intercourse for any period of his life, as may be determined by the court, through administration of drugs which shall be conducted through a notified medical board.”.
Section 377A (Pakistan Penal Code, 1860): Sexual Abuse
Whoever employs, uses, forces, persuades, induces, entices, or coerces any person to engage in, or assist any other person to engage in fondling, stroking, caressing, exhibitionism, voyeurism or any obscene or sexually explicit conduct or simulation of such conduct either independently or in conjunction with other acts, with or without consent where age of person is less than eighteen years, is said to commit the offence of sexual abuse.
Section 377B (Pakistan Penal Code, 1860): Punishment of Sexual Abuse
Whoever commits the offence of sexual abuse shall be punished with imprisonment of either description for a term which may extend to seven years and liable to fine which shall not be less than five hundred thousand rupees or with both.
Section 354 (Pakistan Penal Code, 1860): Assault or Criminal Force to Woman with Intent to Outrage her Modesty
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 354A (Pakistan Penal Code, 1860): Assault or Use of Criminal Force to Woman and Stripping her of her Clothes
If a person assaults a woman using force, strips off her clothes and exposes her to public view, he is liable to be punished with death or lifelong imprisonment, and shall also be liable to fine.
How to Report sexual violence in Pakistan?
Call the helpline (Rescue 1122) or the police (Helpline: 15) to report the crime and immediately take the victim to the hospital for treatment.
Get the medical examination done (without taking shower or changing clothes), collect the report and formally lodge the FIR against the criminals.
Get the statement of the complainant recorded under a competent authority (police officer or the magistrate) in order to strengthen the investigation.
Police officer tasked with the case would investigate your complaint, collect evidence and present the offenders in front of the magistrate.
Court proceedings also consider witness accounts, forensic evidence, to punish rape offenders, punishment is decided as per Pakistan Penal Code.
The two-finger virginity testing, for the purposes of medico-legal examination of a victim is strictly prohibited as per the Anti-Rape Ordinance, 2020.
You must also remember that, any evidence pertaining to the character of the victim is also inadmissible as per the Anti-Rape Ordinance, 2020.
Call the helpline (Rescue 1122) or the police (Helpline: 15) to report the crime and immediately take the victim to the hospital for treatment.
Get the medical examination done (without taking shower or changing clothes), collect the report and formally lodge the FIR against the criminals.
Get the statement of the complainant recorded under a competent authority (police officer or the magistrate) in order to strengthen the investigation.
Police officer tasked with the case would investigate your complaint, collect evidence and present the offenders in front of the magistrate.
Court proceedings also consider witness accounts, forensic evidence, to punish rape offenders, punishment is decided as per Pakistan Penal Code.
The two-finger virginity testing, for the purposes of medico-legal examination of a victim is strictly prohibited as per the Anti-Rape Ordinance, 2020.
You must also remember that, any evidence pertaining to the character of the victim is also inadmissible as per the Anti-Rape Ordinance, 2020.
