Evidence in Sexual Assault

Sexual assault and rape are a few of the most difficultcrimes t0 report and

prosecute. Due to the evidentiary burdenwhichis infamously diicult to prove

mostsexual assault cases donot follow through to conviction. In Pakistan,

SOcial taboo andvictim shamingfurthercomplicate the proceSs of obtaining

justice, leading to rape being one of the most underreported crimes in the

country

Yet slowly but surely, we are making progress The parliament's small

amendments to thelegislation pertaining to rape andhonour crimes goalong

way, as do the courts progressive interpretations. Recently, a Lahore High

Court's judgement assessing the use ofnon-sterile objects to collect evidence

in sexual assaultis a step towards rectiying the messy and often humiliating

process of evidence collection in Such cases

That non-sterile objects be banned from use of evidence collection seems

self-evident, yet unfortunately this had peen the custom for a long time

Doctorsusually prepared swabs with non-stere objects such as matchsticks,

ice cream scoops, broomsticks and twigs and then used them to collect

evidence from the victim. In some caSes large cotton plugs have been used

as swabs The use of such itemS can be dangerous not to mention

humiliating for the victim They are alsonothelpful. eading to contamination

which can jeopardise the process ot DNA analysis

The LHO's banningof suchmethods should hopefuly ensure a more

transparent, clean and welcoming medical espons e to Victims of sexual

assault. In a courtSystem where DNA evidence is oftentimes only admitted as

Secondary evidernce itis ofthe utmostimportance that the health

departments at leastpractice the process with s ensitivity andhealth

standards The soaalstigma of reporting rape andsexual assaultis already

enormous-additional hurdles such as poor medical evidence.collection

practices should be removed

Published in Th Nation Jne 28th 2020