ISLAMABAD: A recent Supreme Court verdict converting a rape conviction into a charge of fornication has triggered strong reactions from rights bodies and legal observers. The National Commission on the Status of Women (NCSW) criticised the judgement, while a dissenting judge warned against treating delays in reporting sexual assault as fatal to prosecution.
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The NCSW expressed concern that investigative findings and judicial conclusions reached by the trial court and the Lahore High Court were effectively set aside. It said the decision raised serious questions about how consent is interpreted in cases of sexual violence.
The Supreme Court reduced a man’s 20-year rape sentence to five years for fornication, citing delayed FIR registration and lack of injury marks, despite DNA evidence and earlier convictions upheld by lower courts. The ruling has triggered strong condemnation from women’s rights… pic.twitter.com/GJFyQOSmwX
— Voicepk.net (@voicepkdotnet) December 17, 2025
In a statement, the commission stressed that consent cannot be inferred from silence, delayed reporting, or the absence of physical resistance. It added that judicial reasoning must recognise the realities of trauma, fear, coercion, and power imbalances faced by survivors.
The commission urged the judiciary to ensure that sexual violence cases are decided in line with constitutional guarantees of equality and dignity, as well as Pakistan’s international human rights obligations. It also called for gender-responsive and survivor-centred interpretations of law to prevent re-victimisation.
Highlighting systemic gaps, the NCSW recommended expanding gender-based violence courts, strengthening staff capacity, appointing permanent judges, and conducting sensitisation training for justice sector stakeholders. Special emphasis was placed on police and first responders to ensure survivor-sensitive handling of complaints.
The controversy stems from a six-page judgement in which the Supreme Court commuted a 20-year sentence to five years by reclassifying the offence as consensual extramarital relations. The majority relied on a seven-month delay in filing the complaint and the absence of healed injury marks.
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Justice Salahuddin Panhwar dissented, noting that sexual assault cases often go unreported due to fear and social stigma. He observed that delay should not undermine prosecution and that victims should not be penalised for circumstances beyond their control.