Anti-rape law broadens definition of offence

ISLAMABAD    –  The newly proposed anti-rape law that earlier got approval of the cabinet broadens the definition of rape besides proposing the establishment of special courts for speedy prosecution of the rape cases.

Last week, the cabinet had approved the Anti-Rape (Investigation and Trial) Ordinance 2020 and the Criminal Law (Amendment) Ordinance 2020 in an effort of Prime Minister Imran Khan’s government to curb the increasing rape cases.

The government intends to introduce tough laws at a time when there are rising incidents of rape in the country including motorway gang-rape case that had caused countrywide unrest among people. 

The Criminal Law (Amendment) Ordinance proposes to amend the Pakistan Penal Code, 1860 and the Code of Criminal Procedure, 1898 to effectively tackle the pervading instances of rape and sexual abuse of women and children.

The proposed law for the first time has included rape victims not only women, and children but also men and transgender persons.

The law widens the definition of rape by including provision of gang rape, and sexual violence, and defining the consent. It says that consent in rape would not be regarded “by reason of unsoundness of mind or intoxication” or if the victim is unable to understand the nature and consequences of that consent.

The law broadens the definition of penetration by including all its forms. It proposes establishment of special courts for speedy trials in rape cases.

The law proposes chemical castration of rape convicts through a court order. It proposes that chemical castration should be in exceptional cases for first time offenders.

Newspaper: The Nation