No justice for a male rape victim

Author: Komal Ali Shah

In a country where sexual abuse is endemic, where men are conditioned to think men can’t be victims of abuse, and women are not only condemned but murdered if they dare to file a rape case, it takes great courage for a man to come forward with his horrific experience of sexual assault.

Despite the fact that sexual assault on men is considered no more than a myth in Pakistan, recently, in October 2019, a renowned filmmaker of Pakistan, Jamshed Mehmood, famously known as Jami, came forward with his ordeal after 13 years of silence. He accused Pakistan’s media tycoon and CEO of a national leading newspaper, Hameed Haroon. Not only did Jami’s story receive a sniggering response from many, but also none of the major media outlets reported this incident. This alleged rape case puts forth the idea that sexual assault and abuse are crimes of power not sex, and that patriarchal culture functions only within systems of power and oppression.

Negligence on the issue of male rape has long caused negative repercussions in regard to rape laws within a patriarchal society like that of Pakistan’s. Men are generally positioned as dominant and sexually impenetrable beings, and thus male rape is considered to be a taboo topic, not to be openly discussed or kept record of. The preconceived notion of masculinity and genderhas made it common to view men as perpetrators of rape and less likely to be considered as victims of sexual assault.

It is not surprising that there exists very little statistical data on the reported and unreported sexual assaults on men. According to Sahil, a non-governmental organisation, the cases of sodomy and male sexual assault have increased from 39 in 2017 to 45 in 2018. Since men in Pakistan are less likely to report such crimes or speak out about them, it is estimated that the number is much higher than what may be on record.

Male rape survivors in Pakistan suffer silently. It is almost like a double-edged sword: on one hand, they have gone through something so traumatic, and on the other, society does not even acknowledge it is real

The disparity between male and female reporting of rape comes from the socially constructed idea of what it means to be a ‘man’. It greatly defies gender norms, carrying debilitating and emasculating connotations for those who are vocal about them. Since male rape challenges the status quo of hegemonic masculinity in a predominantly heterosexual society, the act is commonly perceived to be a rumour, false or an inconceivable incident.

The offence of rape is criminalised under Section 375 of the Pakistan Penal Code (PPC), 1860. However, this criminal code exempts men from being considered as rape victims due to penile penetration being an essential element for the offence of rape. This leaves no room for males to be considered victims, much less females to be criminalised as perpetrators. An alternative code to consider is Section 377 of the PPC, which metes out punishment for unnatural offences. Unfortunately, this section is extremely vague in nature since it emphasises the occurrence of a venereal act.

The terms ‘unnatural offences’ penalises sodomy while leaving out male rape as a crime. The legal language of this section creates a gap for the rapist to exploit. The existing rape laws in Pakistan, fear of stigma and lack of legal recourse leaves out a large swathe of male sexual assault victims. Male rape survivors in Pakistan suffer silently. It is almost like a double-edged sword: on one hand, they have gone through something so traumatic, and on the other, society doesnot even acknowledge it is real. They are left to themselves, which sometimes is the worst possible option.

There is a dire need to achieve gender neutrality in the rape laws of Pakistan. It is important that a greater body of research is completed to create a deeper understanding of male rape, which can lead to the development of effective laws, awareness in populace and consequently, removing the stigma around this issue. It is high time that our society understood that rape victims, either male, female or transgender, have a psychological impact. To deny it reinforces the idea that men are indestructible. This makes men emotionally numb because it reduces the space for them to emote, cry, speak freely, and seek help. It is time we begin the much-delayed conversation about male rape and break the taboo.

The writer is a research scholar at National Defence University

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