In 2020, the 23-year-old man raped a 36-year-old deaf woman in Swat, a district in the north of the South Asian country. He was found guilty of the rape and sentenced to life in prison. He also had to pay 100,000 rupees – about 12,000 kroner – in compensation to the woman. The man’s lawyer tells CNN. The woman became pregnant as a result of the rape and later gave birth to a child. Local council decided marriage On Monday this week, however, it became known that the man will be released from prison. It was decided by the High Court in Peshawar, the capital of the province where Swat is located. The decision came after the man and woman were married earlier in December. The marriage was the result of a settlement reached on behalf of the two by a local jirga. A jirga, or local council, consists of older men who make decisions based on Sharia law. The Human Rights Commission of Pakistan (HRCP) has condemned the release of the man. – It is terrible to see that the Supreme Court releases the man on the basis of a “compromise” about marriage between the man and the victim. This is a gross violation of international law, they write on Twitter. Known problem – Unfortunately, this is a problem and harmful practice we see in several countries, says Kjersti Dale, international manager at Care. The organization works with women’s rights and opportunities in several of the world’s poorest countries. Dale says there can be several reasons why marriages are entered into after rape: – There are several angles here. It is a way for the man involved to avoid punishment, but it is also about shame for the woman. If a woman has sex before marriage, she is considered less valuable in some countries. Dale refers to it as a clear example of “victim blaming” – blaming the victim for the misdeed that has been committed. – That victims ask themselves whether they are to blame for the incident also happens here in Norway, but here you see it in the extreme. Legal in several countries Pakistan is one of several countries where marriage can be a way out of punishment for a rape convict. A report from the UN Population Fund from 2021 lists countries such as Thailand, Bolivia, Iraq, Kuwait and Russia as examples. The total list extends, in addition to Pakistan, to 20 countries. The map shows the 20 countries listed in the UN report from 2021. – Laws like this put the blame for the incident on the victim. It is also an attempt to clean up a criminal act and violates basic human rights, said Natalia Kanem, director of the population fund, when the report was published. Below you can read more about how the laws work in some of the countries: Laws in different countries Kuwait: A rape convict can marry the victim if the victim’s guardian approves it Russia: If the convict is over 18 and the victim under 16, that person is exempt punishment if the two marry Thailand: Marriage can act as a settlement in a rape case if the court approves it and the perpetrator is older than 18 and the victim is over 15 Iraq: If the perpetrator marries the victim, all charges against him/her are dropped. If a verdict has already been passed, it is annulled Serbia: It is forbidden to cohabit with a minor, unless two involved get married Source: Report from the UN Population Fund Conservative area The district of Swat, where the abuse took place, is known for being a difficult place to live for girls and women. It was where Malala Yousafzai was shot by supporters of the Pakistani Taliban in 2012. Malala Yousafzai back in Swat in 2018, six years after she was shot by the Pakistani Taliban. Photo: ABDUL MAJEED / AFPMalala Yousafzai back in Swat in 2018, six years after she was shot by the Pakistani Taliban. Photo: ABDUL MAJEED / AFP The area is rural and characterized by conservative attitudes. The Pakistani Taliban (TTP) has gained a solid foothold in the area after the Taliban regained power in Afghanistan last year, writes Deutsche Welle. The TTP ruled parts of Swat several years ago, when the Taliban were at their height. They introduced several laws in the area, such as denying girls and women education. Several thousand rapes Over 5,000 women reported rape in Pakistan last year, figures from the HRCP show. At the same time, they believe that the real number is much, much higher. 60 per cent of those who report end up dropping the report, according to the Legal Aid Society (LAS). They are a non-profit organization that offers legal aid to the disadvantaged in the country. They also write on their pages that there is a large increase in gender-based violence and sexualized violence in the country. – It is a national epidemic with an alarmingly few cases that end in conviction for the accused. LAS further writes that cases involving violence and sexualized violence against women are often resolved privately, outside the courtroom. – To preserve the family’s honor. Blaming the victim is also common – the system is rigged to make it difficult for the women.
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