Rights Bodies Condemn Supreme Court Judgment Converting Rape Conviction into Consensual Adultery Case

Mon, December 22, 2025

PJN Justice Watch: In recent judgement, the Supreme Court has converted a rape conviction into a case of consensual adultery, reducing the accused’s sentence from 20 years’ imprisonment to five years of rigorous imprisonment.

The National Commission on the Status of Women (NCSW) sharply criticising the judgement, and one judge on the bench dissenting from the majority ruling.

The NCSW noted with concern that the prosecution’s findings — including investigative evidence and judicial conclusions reached by the trial court and the Lahore High Court (LHC) — were effectively disregarded, resulting in the accused being discharged from the offence of rape.

“Such an outcome raises critical questions regarding the adjudication of sexual violence cases and the application of legal standards relating to consent,” the commission regretted.

The NCSW also highlighted that consent could not be inferred from silence, delayed reporting, or the absence of physical resistance.

“Judicial interpretation must remain informed by the complex realities of trauma, fear, coercion, and power asymmetries that frequently underpin sexual violence,” it added.

The NCSW urged the judiciary and all relevant state institutions to ensure that adjudication in cases of sexual violence was firmly grounded in constitutional guarantees of equality, dignity, and non-discrimination, as well as Pakistan’s obligations under international human rights law. “Gender-responsive interpretation of law and survivor-centred judicial reasoning are imperative to prevent re-victimisation and carrying of justice,” the statement said.

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