Challenges in Securing Convictions in Rape Cases in Khyber Pakhtunkhwa

Abstract

This thesis examines why rape prosecutions in Khyber Pakhtunkhwa (KP) result in convictions in only about 15% of reported cases, despite the existence of substantive criminal laws and recent reforms such as the Anti-Rape (Investigation and Trial) Act 2021. Using a qualitative, doctrinal and socio-legal approach, it analyzes police records, case law, policy documents, and secondary literature to identify the systemic, cultural, and scientific barriers that undermine rape prosecutions. The study develops a “Triple-Helix” framework of failure: (i) the formal justice barrier, where delayed reporting, weak investigation, poor challans, and stringent evidentiary standards create an acquittal-friendly environment; (ii) the cultural barrier, in which Jirga-based settlements, honor (ghairat), stigma, and threats of retaliation displace cases from the formal justice system and produce coerced compromises; and (iii) the scientific barrier, marked by the absence of local DNA facilities, medico-legal incompetence, broken chains of custody, and lack of digital forensic capacity. Integrating these strands, the thesis argues that acquittals are structurally produced rather than incidental. Building on this diagnosis, it proposes a Triple-Helix Reform Framework comprising: institutional reforms (district-level Rape Crisis Units, forensic sovereignty with a 48-hour DNA turnaround, Digital Evidence Units); legal-judicial reforms (penalizing Jirga interference in non-compoundable offences, mandatory judicial sensitization, and realistic standards of corroboration); and social-cultural interventions (victim protection, “safe passage” reporting mechanisms, and honor-reframing awareness campaigns).