Pakistan achieves legal milestone with first marital rape conviction

In a landmark decision, a Karachi sessions court in Sindh Province, Pakistan convicted a man of marital rape, sentencing him to three years in prison, the International Bar Association reported.

The case marks the first conviction for marital rape in the region. The International Bar Association’s Human Rights Institute (IBAHRI) has commended Pakistan for this legal advancement, highlighting its importance in strengthening women’s rights within marriage and criminalizing unconsented sexual acts.

The conviction arose after the accused was found guilty of engaging in non-consensual sexual acts and sodomy with his wife, acts that fall under Section 377 of the Pakistan Penal Code (PPC), which prohibits “unnatural offences.” Though the conviction was specifically for “unnatural offences,” the ruling sets a precedent for prosecuting marital rape. This concept has seen little to no legal recognition in Pakistan until recent years.

This judicial milestone follows the amendment to Section 375 of the PPC in 2021, which broadened the definition of rape to include marital rape, an amendment advocated for by former Parliamentary Secretary for Law and Justice, Maleeka Bokhari, and co-drafted with former Law Minister, Farogh Naseem. The amendment signifies a crucial development in the legal framework addressing sexual violence within marriage, emphasizing informed consent and offering better protection and support for survivors.

“This ruling affirms that marital rape does in fact exist in Pakistan, and that marriage does not mean automatic consent. It, together with the amendment to Section 335, signifies a crucial step forward in advancing the rights of women, reinforcing women’s sexual autonomy, and providing increased protection in domestic abuse cases,” said Baroness Helena Kennedy KC, IBAHRI Director.

Statistics from the NGO War Against Rape (WAR) highlight the critical need for such legal reforms, with over 22,037 rape cases reported in Pakistan in the past six years and a conviction rate of merely 0.3 percent. The NGO’s report also sheds light on the challenges faced in reporting and prosecuting rape cases, including social pressures and systemic barriers in the justice system.

IBAHRI Co-Chair Anne Ramberg Dr Jur hc commended the Sindh sessions court for its role in setting a legal precedent that may lead to a shift in attitudes towards marital rape and informed consent in Pakistan. “Securing this conviction not only illustrated the concrete benefits of legal reform but also showed that this case represents just the beginning of the country's efforts to restore women's sexual autonomy. We encourage the continued pursuit of justice in similar cases to foster a safer environment for women.’”

The IBAHRI urged nations worldwide to note Pakistan's commitment to advancing human rights through legal reform and judicial decisions.