Over the years, sexual crimes have taken the lead when it comes to the reported cases of violence against women and children but it is still very rare for victims to approach for legal recourse and seek justice.

The cases of Mukhtaran Mai, Dr Shazia Khalid and Kainat Soomroo made headlines over the years but justice remains elusive to these three along with thousands of other sexual assault survivors. While Mai’s case is back in the news, Dr Khalid was forced to leave Pakistan. Last but not least, Soomroo’s alleged rapists have been freed by the court and her brother was killed, allegedly by her rapists’ kin.

Over the years, the number of rape, gang rape, incest and sodomy cases have increased in Pakistan. Data collected by the Human Rights Commission of Pakistan [HRCP] shows that in 2001, 372 cases of rape, including 145 cases of gang rape, were reported during the first eight months of the year while the number rose to 928 rape cases in 2009. In 2013, almost 3,000 rape cases were recorded by the HRCP, with 2,576 in Punjab alone.

The struggle for justice is one that requires almost superhuman levels of persistence and strength on the part of rape survivors

These figures are only those that were reported in the media; a large number of cases go unreported, given the victims’ reluctance to come forward as well as the complicated medico-legal system that forces many to stay silent. Meanwhile convictions remain low, almost zero, while a large number of cases are either withdrawn or a compromise is reached. One such example is that of the ‘white corolla’ case where none of the victims pressed charges.

Though no concrete data is available on the number of rape cases pending in courts, over the past few years various news reports (though few and far between) have come out with stories where punishments awarded to rapists were highlighted, particularly in child abuse cases.

Earlier this year, Justice Ikramullah Khan of the Peshawar High Court denied the bail request of a rapist even after the seven year old victim’s family agreed to a compromise.

“The accused does not deserve to be released on bail despite both parties reaching a compromise because people like him are only playing with other people’s future,” a news report quoted Justice Khan as saying.

In 2013, a teenage boy was awarded imprisonment and fine by the Peshawar High Court for raping a minor girl and filming the assault. Despite such cases, the struggle for justice remains a long and arduous one.

"The girl’s case was strong and despite some hitches, like a dispute over what colour her clothes were, we managed to stick through the tough parts and eventually in 2012, she won the case. She is a strong person and did not succumb to pressure, even when her local church urged her to forgive the culprit and agree to a settlement. The survivor says that all these years she was mocked and called a liar and a woman of loose morals but since winning her case, she can hold her head high, though she says she is shocked as to how everyone asked her to ‘let it go’ and forgive

her rapist.

“When a rape survivor comes to us, we do our best to get them through the steps. Counseling is the first step. For those who want to proceed to the court, we do tell them that it will be a long, tedious process before they get justice. The legal system is so lengthy and slow that many women do not pursue the cases. Those who do, back out after a few years realising that they are not getting anywhere. No matter how hard you try, if the survivor loses hope and motivation, then nothing can get them back on track,” says Asiya Munir, an advocate in the Sindh High Court and War Against Rape (WAR) legal representative for leading rape cases.

A Karachi based NGO, WAR investigates rape cases and provides free legal aid and counseling to the survivors if they choose to go to the court.

As per War Against Rape’s database, in 2003, 10 rape cases made it to court. Out of these, 6 were withdrawn, 2 were lost and one was won while in one case the accused expired. Things have not changed much in the years since; a lot of cases were withdrawn while those that are in court are bogged down by the slow legal system.

“On an average, WAR receives some 12 rape survivors but barely four would go to the court. The families back down or a compromise is reached. However, the media and society must focus on the wins that have happened and give support to other survivors,” says Munir.

“For a rape survivor, it is a long battle for sure but most back out at the earliest. I feel those who come forward are very brave and strong and I respect their drive to take the culprits to task. We must stand with them and support them.”

For a woman who has worked exclusively on rape and sodomy cases, Munir is no stranger to the hitches that come along the way, be it witnesses turning hostile or the defence lawyers throwing in a spanner and, worst still, the family of the victim walking away after a compromise.

“We have success stories; they are few and far between but they must be highlighted so that other survivors get hope.”

She goes on to highlight the success stories where courts granted punishments and imposed fines.

“The strongest punishment we have seen so far was 10 years imprisonment that the Sindh High court awarded to a rapist,” she says.

A young nurse was harassed by her neighbour. Despite repeated complaints, his behaviour went from bad to worse. Then in 2008, one day she was kidnapped, drugged and raped by the man; his wife and family members having full knowledge of the assault and supporting him.

“The girl’s case was strong and despite some hitches, like a dispute over what colour her clothes were, we managed to stick through the tough parts and eventually in 2012, she won the case. She is a strong person and did not succumb to pressure, even when her local church urged her to forgive the culprit and agree to a settlement. The survivor says that all these years she was mocked and called a liar and a woman of loose morals but since winning her case, she can hold her head high though she says she is shocked as to how everyone asked her to ‘let it go’ and forgive her rapist,” Munir narrated.

WAR emerged with a win in the case of Baby Taj, a minor who was raped and murdered in 2006. The case ran for a long period and her father Barkat Shah, who was keen on seeing the killer behind bars, passed away in 2009.

Finally, in 2012, the child’s rapist and murderer was awarded a life term and a fine of Rs160,000 under section 302 of the PPC for murder and under section 10 (2) read with 365-B PPC for rape.

“Mostly, the survivors leave the cases half-way because of the pressure that they have to face. At WAR, we urge them to stay strong and have faith in themselves because this is what will help them in the long run the most,” Munir stresses.

On the subject of compromise, Munir says, “Out of court settlements are yet another reflection of the patriarchal mindset that is prevalent in the society. No amount of money can undo the harm and the trauma suffered by a rape survivor.”

She says that in her legal practice she has often seen judges become party to a case. “They will insist on a ‘compromise’ saying that the life of the assault victim would be better off with some money. Judges need to be neutral and justice needs to be blind,” she says, adding: “We try our best to get justice for the survivors. The perpetrators must not forget that there is something called divine justice too and there is no escaping from it in the end.”

Published in Dawn, Sunday Magazine, October 26th, 2014