Re: Huddod Ordinance
If rape is not proved, then why investigation has to start for adultery case? When a girl declares rape or declares that the result of any pregnancy was rape, then why adultery case has to start?
When the rape case comes to court, the woman has to admit she had sexual intercourse with the man, in order for him to have raped her..Agreed? So if she had intercourse, she must have been either raped, or she must have committed adultery..Agreed? Both rape and adultery are illegal in Pakistan. So the woman has a right to prosecute the man, but the man or even the woman's husband does also have the right to prosecute the woman if she cannot prove she was raped. That is because adultery is a criminal offence in Pakistan (and many other countries).
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If a woman accuses anyone of rape then obviously what investigation can prove that it was not rape? Does she need to provide witnesses? Do you think that a rapist would rape in front of four adults male witnesses? Obviously not and it is unfair to ask girl that has gone through rape to produce witnesses of her accusation as condition of giving her justice.
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Sorry, but you're incorrect on this Sa1eem. A woman does not need to bring 4 witnesses to prove she was raped in Pakistan. The judicial system in Pakistan works something like this for rape cases. A rape case in Pakistan can be tried using the Hadd court or a Tazir court.
- If the rape is committed in public, this is considered very bad for the society and the punishment is higher. In this case a Hadd punishment or death might be given. One example was the Mai case. To get a Hadd rape case prosecuted the woman needs to bring 4 witnesses. It is difficult but then the punishment is severe.
- If the rape is committed in private, this is considered to be bad, but not as bad as doing it in front of society. In this case, the standard of evidence is less. 4 witnesses are not required, and the woman's testimony is admissible, as is DNA evidence etc (like in the West basically). This is the Tazir court system, and most rape cases are tried using this method, because most rapes do not occur in public. The sentence is a long jail term for those found guilty. So you see you are only talking about Hadd rape cases and this does not apply to most rape cases that are not done in public.
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The only thing court can do is investigation (medical tests and other forensic evidence should be collected and should be used to prove the rape). Even here, it is not necessary that medical or other forensic evidence would necessary confirm rapist or even that rape happened. If rape evidences cannot be found then court cannot do anything, still it would be unfair to punish the girl for initiating the case.
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As above, DNA evidence is permissible in rape cases in Pakistan.
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It is true that some unethical females may exploit the situation by accusing someone of rape and this type of loopholes would be there in all system of justice (Though I doubt if this would be a norm rather it would be rare exception). Still, that exploitation is not as problematic or abusive as putting a girl into prison in rape case or discourages rape reporting, making rape un-punishable crime (as it is present with Hudud ordinance).
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As above again. Rape is not an unpunishable crime in Pakistan. I agree with you that before the jail term was punishing a victim, but now that bail can be granted, this is not the case. All that is needed is that the bail money be repaid if the woman is not guilty of adultery (which most arent).
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A girl plea (or words) in rape case should be acceptable similar to a married women (wife) words regarding father of children. How many men start suspecting their wife when a child is born, considering the child to be not theirs? All fathers take the word of a woman (his wife) in case of fatherhood of child, respecting the word of the women. I think that women words should be similarly respected in rape cases as law and society respect her claim regarding father of the child. Though accused rapists should get punishment only when medical, forensic and other evidences confirm rape and pinpoints rapist.
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This is just a complete contradiction to what you wrote earlier. Earlier you appeared to be suggesting innocent until proven guilty. Now you are saying take the word of the woman that if she says she was raped, she was raped. I disagree, and I do believe some women would be unethical enough to lie about it. There is an adultery law in Pakistan. This means that adultery is an offence. Do you want this adultery law or not?