Definition of Rape

According to Pakistani law, rape is defined as : sexual intercourse in the absence of a valid marriage against the will or without the consent of the victim; Sexual intercourse with a girl under the age of sixteen with or without consent. In Pakistan, rape within marriage is not recognized as a criminal offense.

What should a person do in the event of rape?

• One should seek immediate medical attention especially if one wants to press charges or file a case. Delays in seeking an examination can allow time for wounds, cuts, and bruises to heal resulting in a lack of physical evidence with which to prosecute the case.
• One should not clean oneself, bathe, urinate, defecate, or change clothing before proceeding for a medical examination as this is valuable evidence which may later be used in court.
• In order to proceed with a criminal investigation, a First Information Report (FIR) is required. An FIR can be registered at the local police station. For those residing in Karachi, experience any problems in filing an FIR at the local police station, one can also file an FIR at the Citizen’s Police Liaison Committee (CPLC) Office located in the Sindh Governor’s Secretariat. Contact number: 111-222-345.
• If any items (for example clothes) are handed to the police make sure a receipt is obtained for them.

What kind of treatment is required?

In the case of rape, please ensure the following:

• Pregnancy prevention measures: It is important to take emergency contraception as soon as possible. Emergency contraception can be taken up to 72 hours after sexual intercourse; however, it is best to take it within the first few hours. Emergency contraception such as Emkit, Estinor, ECP, and EC is available at most pharmacies.
• Pregnancy testing: A pregnancy test should be conducted in the case of all women who are of reproductive age.
• Testing for Sexually Transmitted Infections (STI): There is a chance of contracting sexually transmitted infections such as Chlamydia, Gonorrhea, HIV (Human Immunodeficiency Virus), and Hepatitis during rape. It is important to get oneself tested for possible infections. STI testing facilities are available at most major government hospitals.

Where to go for a medico-legal examination?

In the event of rape, individuals who want to press charges need to be examined by a government-appointed doctor working in one of the designated public sector hospitals. The public hospital section where such patients are examined and treated is referred to as the medico-legal department. The purpose of a medico-legal examination is two-fold: to provide individuals with basic and immediate healthcare; and to collect medical and forensic information that can be used as evidence in subsequent court proceedings.

Female medico-legal doctors are usually available at all the leading civil hospitals of the city. If a she is not present at the hospital, one can request that the female medico-legal officer on call be brought in to conduct the examination.

One does not have to obtain a police letter or referral or FIR before the medico-legal examination. By law, the medico-legal officer is required to proceed with the examination even without the presence of a police letter or FIR. In fact, the medico-legal officer is bound to provide all required assistance by informing the nearest police station.

What happens in the examination?

The medico-legal officer conducts a vaginal/anal exam to verify the rape. The medico-legal officer also examines the rape survivor’s body for external (cuts, bruises, abrasions etc) and internal injuries (bone fractures, bleeding etc) and collects and documents evidence. Usually a pregnancy test is administered at the medico-legal centre only if some time has passed since the rape. If one proceeds for a medico-legal examination immediately after the rape, one may have to revisit the hospital in a few weeks to take a pregnancy test. They may also be asked to take a blood test for blood grouping.

What is the medico-legal certificate?

The details of the examination are recorded in a medico-legal certificate. Since this is used as evidence in court, it is essential that one is aware of the details of the report before placing one’s signature on it.

In cases where forensic evidence has been collected, a final medico-legal certificate cannot be issued until the forensic data has been analyzed. This process can take up to several weeks. One should obtain a copy of the medico-legal certificate when it is ready.

What are the costs associated with the examination?

The examination is provided free of cost. However, one may be asked to purchase materials or supplies such as gloves, cotton swabs, glass jars etc. with which to conduct your examination.

Organizations that can help:

War Against Rape (WAR)
Pakistan Women Lawyers’ Association (PAWLA)
Lawyers for Human Rights and Legal Aid (LHRLA)
Marie Stopes Society (MSS)
Sindh AIDS Control Programme Clinic

References:

http://www.war.org.pk/rape_event.htm
http://familydoctor.org/314.xml
Aahung; A Research Study on the Medico-legal Sector in Karachi; September 2006 (publication pending)