Detailed Assignment

Rape
Submitted To: Mr. Rameez Farooka

Submitted By: Huzaifa Basheer

Roll Number: 031

College of Law

University of Sargodha

What is Rape?
Rape is a type of sexual assault involving sexual intercourse or other forms of sexual penetration carried
out against a person without their consent. The act may be carried out by physical force, coercion, abuse
of authority, or against a person who is incapable of giving valid consent, such as one who is
unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The
term rape is sometimes used interchangeably with the term sexual assault.

What is “Protection of Women (Criminal Laws Amendment) Act, 2006?

The object of this Bill is to bring the laws relating to zina and qazf, in particular, in conformity with the
stated objectives of The Islamic Republic of Pakistan and the constitutional mandate and in particular to
provide relief and protection to women against misuse and abuse of law.

Zina is a heinous crime that corrupts public morals and destroys the sense of modesty. The Qur'an regards
zina an offence against public morality. The requirement of four eyewitnesses is not solely an evidentiary
burden of extra-ordinary weight. It is also an assertion that if contrary to the hadith, "Allah loves those
who hide their sins", one commits an act in so blatant a fashion that four people see it, the harm to society
must be serious indeed. At the same time, the Qur'an protects privacy, prohibits baseless assumptions and
inquisition and forbids interference in the life of others. It is for this reason that a failure to prove zina
entails punishment for qazf (false accusation of zina). The Qur'an requires the complainant to bring four
eye-witnesses to prove the accusation of zina. The complainant and the witnesses must be conscious of
the seriousness of this offence and must know that if they make a false accusation or cannot prove the
charge beyond doubt they will be punished for qazf. The conviction will follow the failure of the zina
prosecution and will not be contingent on the initiation of fresh legal proceedings.

These heinous offences were mentioned on this Act and also amended in the Pakistan Penal Code. One of
them is “375-Rape” and its punishment. The section 375 of the Pakistan Penal Code is defined as;

"375. Rape:-
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.
And also mentioned its Punishment, that who is accused under section 375 shall be subjected according to
the section 376 which is defined as;

376. Punishment for rape

(1) Whoever commits rape shall be punished with death or imprisonment of either
description for a term which shall not be less than ten rears or more, than twenty-five
years and shall also be liable to fine.
(2) 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.".

Further the section 376-A is about the disclosure of identity of victim of rape, this protects the rights and
honor of the victims by section 375. This section defined as;

1) Whoever prints or publishes name or any matter which may make known identity of victims,
against whom an offence under section 354A, 376, 376A, 377 and 377B is alleged or found to
have been committed, shall be punishable with imprisonment of either description for a term
which may extend to three years and shall also be liable for fine.

Exceptions:

 The officer in-charge of police

 or others making investigations in good faith,
 court order,
 authorizing by the victim or
 natural legal guardian of the victim.

377. Unnatural offences.

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal,
shall be punished with 1 [imprisonment for life,] or with imprisonment of either description for a term
which 2 [shall not be less than two years nor more than] ten years, and shall also be liable to fine.
Explanation.__ Penetration is sufficient to constitute the carnal intercourse necessary to the offence
described in this section.

377A. 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.

377B. Punishment.
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.

MLC and Investigation Process

Medical report should have some main important details of the incident on the body because Sexual
assault, including rape, may cause physical injury or illness or psychologic trauma. Survivors should be
evaluated for injury, sexually transmitted infections, pregnancy, and acute or posttraumatic stress
disorders; they are asked to give permission for an examination to collect evidence. Treatment includes
infection prophylaxis and mental health care.

Symptoms and signs reference

Bruises:

There are two types of bruises;

 Hickeys
 Injuries

Hickeys:

These are also called bruises but appears on the body by making love. Kissing and sucking on the body of
the girl intercourse appears redness or purple marks. These kind of bruises are not rape bruises.

Injuries:

The abrasions on the body and bruises. These scratches are mainly on the chest, neck, legs, thighs, arms
and lips. These abrasions are kind of lacerations on the body clearly described the forcefully attempt on
the victim.

 Genital injury
 Extragenital injury
 Psychologic trauma
 Hepatitis
 HIV infection
 Human papillomavirus infection
 Other sexually transmitted infections (STIs—eg, syphilis, gonorrhea, chlamydial infection,
trichomoniasis)

 Bacterial vaginosis
  Pregnancy

Most physical injuries are relatively minor, but some lacerations of the upper vagina are severe.
Additional injuries may result from physical violence that occurs during the sexual assault.
Evidence indicates that a lifetime experience of rape is also related to long-term physical health
problems; for example, risk of developing asthma, irritable bowel syndrome, frequent headaches,
or chronic pain is higher for rape victims than for people who are not victims of rape

Testing and evidence collection

Routine testing includes a pregnancy test and serologic tests for syphilis, hepatitis B, and HIV; if done
within a few hours of rape, these tests provide information about pregnancy or infections present before
the rape but not those that develop after the rape. Vaginal secretions or urine is tested for trichomonal
vaginitis and bacterial vaginosis; samples from every penetrated orifice (vaginal, oral, or rectal) are
obtained for gonorrheal and chlamydial testing (1). Patients may decline STI testing, possibly because
empiric therapy is typically given to all patients.
Follow-up tests are done to check for pregnancy and STIs:

 At 1 week: Gonorrhea, chlamydial infection, and trichomoniasis in patients who refused

prophylactic treatment
 At 2 weeks: Pregnancy
 At 4 to 6 weeks: Syphilis and HIV infection
 At 3 months: Syphilis, hepatitis, and HIV infection

If the patient has amnesia for events around the time of rape, drug screening for flunitrazepam (the date
rape drug) and gamma hydroxybutyrate should be considered. Testing for drugs of abuse and alcohol is
controversial because evidence of intoxication may be used to discredit the patient.

Patients with severe lacerations of the upper vagina, especially children, may require laparoscopy to
determine depth of the injury.

Evidence that can provide proof of rape is collected (see table Typical Examination for Alleged Rape);
it typically includes
 Clothing
 Smears of the buccal, vaginal, and rectal mucosa
 Combed samples of scalp and pubic hair as well as control samples (pulled from the patient)
 Fingernail clippings and scrapings
 Blood and saliva samples
 If available, semen

Many types of evidence collection kits are available commercially, and some states recommend
specific kits. Evidence is often absent or inconclusive after showering, changing clothes, or activities
that involve sites of penetration, such as douching. Evidence becomes weaker or disappears as time
passes, particularly after > 36 hours; however, depending on the jurisdiction, evidence may be collected
up to 7 days after rape.
A chain of custody, in which evidence is in the possession of an identified person at all times, must be
maintained. Thus, specimens are placed in individual packages, labeled, dated, sealed, and held until
delivery to another person (typically, law enforcement or laboratory personnel), who signs a receipt. In
some jurisdictions, samples for DNA testing to identify the assailant are collected.

Investigation Process:
Medical Evidence:

Testimony of the victim and her medical examination were important pieces of evidence in case of rape
and conviction and supported by medical examination. Medical evidence may be used merely for
corroboration and it cannot be made basis by itself for recording conviction awarding sentence in absence
of ocular evidence.

Sole testimony of the victim was enough for conviction, if it was truthful and inspiring confidence.
Despite the fact that DNA report about sawabs did not match with the profile of accused, the observations
of lady doctor, were enough evidence of the fact that the victim had been subjected to sexual intercourse.
When opinion of the lady doctor subject to corroboration to the statement of the victim that accused had
subjected her to zina, non-receipt of matching report of DNA test, did not negate the ocular account of
prosecution witness.

DNA test, Purpose:

DNA test provide the courts a mean of identifying perpetrators with a high degree of confidence. By
using DNA technology the courts were in a better position to reach at a conclusion whereby the real
culprit would be convicted, potential suspects would be excluded and wrongfully involved accused would
be exonerated.

Conducing of DNA:

Request for administration of DNA test should be made at the earliest stage of the case.

Preservation of DNA samples:

DNA samples should be preserved for making their use at an appropriate stage or whenever they were
required.

DNA test of accused, his consent not required:

Consent of accused were not required for conducting DNA test or any blood test in order to ascertain
truthfulness of the allegation.

DNA test of victim, Consent necessary:

Consent of victim was necessary and he/she could not be subjected to DNA testing or other medical test
forcibly for prosecution purposes because that would amount to infringement of personal liberty of
victim.

Gang-rape, procedure of trial, scope:

For gang-rape cases, where there was a threat to the life of the victim and her family members, statements
could be recorded in camera and trial could be conducted inside the jail.
Statement of victim to be recorded before female Magistrate:

Victims of rape were reluctant to appear before male Magistrate as they could not express their agony
appropriately before them, therefore it was more appropriate if the statements of victims were recorded
before female Magistrates, wherever available.