A human rights organisation’s report has found that rape survivors in Pakistan struggle to access justice despite legal reforms, suggesting strengthening of the implementation of anti-rape laws, evidence-gathering and support services for effective justice to sexual violence survivors.
The human rights watchdog Equality Now’s report said that reforms to expand Pakistan’s sexual violence laws, increase penalties, and improve procedures have not translated into better justice or protection for survivors.
The report on legal response to sexual violence in Pakistan: challenges in enforcement and access to justice reveals how poor implementation, long delays in investigations and trials, and illegal out-of-court compromises are just some of the factors contributing to a dismally low 0.5% rape conviction rate. The report said that cases are undermined by flawed evidence collection and a shortage of public prosecutors.
It revealed that victim-blaming is common, with police, prosecutors and courts frequently applying outdated and narrow interpretations of rape and consent. Survivors also struggle to access legal aid, psychosocial care, safe shelters and effective victim and witness protection, it said.
The report said that women and girls from marginalised communities, including Christian and Hindu groups, face higher risks of sexual harassment, abduction and forced religious conversion, including through child marriage. It said women with disabilities are reported to be up to three times more likely to experience sexual violence, with discrimination, exclusion and practical barriers making it even harder to navigate Pakistan’s justice system.
It said rape, in Pakistani law, is linked to the absence of consent, physical evidence of violence is not needed to prove rape, and the survivor’s testimony alone can be sufficient to secure a conviction.
The report also said authorities commonly rely on evidence of injury or resistance, and there remains considerable scepticism among law enforcement about whether rape has occurred without proof of physical violence. Some courts wrongly demand this type of corroborative evidence, and although a victim’s sexual history or evidence of immoral character is inadmissible, defence lawyers continue to raise questions in cross-examinations to discredit victims.
Equality Now found widespread consensus that sexual violence investigations are weak. Insufficient resources undermine the collection, preservation and analysis of evidence. Police rely heavily on medical verification, such as DNA, and overlook other important forensic and non-forensic evidence.
The report suggested that strengthening Pakistan’s justice system requires improved evidence collection, investment and coordination between departments. To ensure laws are correctly applied, mandatory training and clear guidance are needed for everyone in the justice system. Better oversight of courtrooms is also essential to address improper evidence demands, rape myths, and prohibited questioning.
It said rape survivors face long delays and difficulties accessing services. It found that introduction of fast-track mechanisms offers a promising pathway to timely justice, with research finding higher satisfaction among survivors using Gender-Based Violence Courts compared to regular criminal courts.
However, rape cases still routinely experience long delays, procedural problems, and poor coordination between police, prosecutors and Women Medico-Legal Officers (WMLO). It suggested that timely medical examination is critical for gathering evidence.
The report said anti-rape law states that in rape cases, DNA samples must be collected from a victim and the accused during a medico-legal examination, and for females, these must be conducted by a female MLO, but a shortage means survivors must often travel far for examinations and are ill-informed about how to preserve evidence. WMLOs also lack resources to work effectively and need training on legal developments.
Equality Now’s Jacqui Hunt explains, “Pakistan has strengthened its sexual violence laws and, while these are welcome changes, it needs now to build on those with effective enforcement.”
The report said the Anti-Rape (Investigation and Trial) Act, 2021, promises legal aid, counselling, and provisions such as Anti-Rape Crisis Cells, intended as one-stop centres for reporting cases and conducting medico-legal examinations. While a promising initiative, they are frequently unavailable.
The Act also requires perpetrators to pay survivors compensation, but courts reportedly don’t enforce this. A shortage of safe shelters leaves survivors at risk of harm and intimidation. Legal reform is needed to strengthen laws on marital rape, incest and child marriage.
According to the report, Pakistan’s law, in principle, treats marital rape the same as rape outside of marriage. However, courts have failed to recognise non-consensual sex within marriage as rape, or have applied legal provisions with significantly lower penalties.
Marital rape remains widely underreported, as does incest, which is a social taboo that is not well recognised or understood in Pakistan. Some courts even express doubts that incest occurs in an Islamic society.
It suggested that explicitly criminalising marital rape and incest as distinct offences would clarify the law and could encourage reporting. The report said that each province has its own child marriage law, and inconsistencies in the age of marriage create confusion and loopholes that hinder prosecutions suggesting that harmonising laws to establish 18 as the minimum age of marriage, without exception, would close protection gaps and remove confusion.
Lawyer and report lead author Sahar Bandial said legal reforms are a vital step, and they must now translate into tangible, meaningful change in police stations, courtrooms and communities throughout the country.
