Quote:
From The New York Times
A few weeks ago I wrote about Zafran Bibi who was convicted of adultery by a Pakistani court and sentenced to death by stoning. The New York Times' Seth Mydans recently wrote an in-depth look at Zafran's fate as well as the status of the sharia law in Pakistan.
Zafran claims that while her husband was serving a jail term for murder, her brother-in-law repeatedly raped her, eventually resulting in a pregnancy. When Zafran reported the rape, she was charged with adultery. All charges against her alleged rapist were dropped due to insufficient evidence, whereas Zafran was tried and convicted of adultery.
Mydans offers a relatively thorough look at Pakistan's hudood laws that resulted in this result. For example, under the 23-year old set of laws, whether or not Zafran was raped is irrelevant to her own adultery charge. Mydans reports that the laws formally ban "all forms of adultery, whether the offense is committed with or without the consent of the parties."
So a woman who claims she was raped is by definition admitting that she is guilty of adultery, with the lack of consent being a mere side issue.
Under those same hudood laws, however, it is almost impossible for Zafran or any other woman to make a rape charge against a man stick. The law only allows a charge of rape to proceed against a man if four Muslim men testify to having witnessed the rape. Mydans quotes Rukhshanda Naz who heads up a branch of a women's rights group known as Aurat as saying,
The proof is totally impossible. If a woman brings a charge of rape, she puts herself in grave danger.
Mydans reports that as many as half of women who report rapes are later charged with committing adultery. As a result, few women make rape accusations. In addition, the laws about rape kick in as soon as a woman hits puberty, leading to girls as young as 12 or 13 being imprisoned for reporting being raped.