Is ‘marital abuse’ a crime in Pakistani law?

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Is 'marital abuse' a crime in Pakistani law?

Is 'marital abuse' a crime in Pakistani law?

The law sets out five conditions under which a woman is said to have been raped.

Maleeha Zia Lari, associate director of the Legal Aid Society, said many people do not know about rape laws in Pakistan. The Associate Director added, “There was a time when the law did not recognize marital rape. In the Enforcement of Hooded Ordinance, 1979, rape was defined as a person who had sexual intercourse with a woman. “These words mean that a man is unable to abuse his wife,” she explained.

In 2006, the law was revised. Section 375 of the current law, the Pakistan Penal Code, states, “A man is raped if he has sexually assaulted a woman without her consent.” The change in words now shows that the country makes marital abuse a punishable offense.

However, there are other aspects of the constitution that people do not fully understand. The law sets out five conditions under which a woman is said to have been raped.

Without the woman’s consent;
This means that a conscious woman can give her consent. Larry clarified that an unconscious woman or any disabled woman could not give her consent.

Against the will of the woman;
This means that a woman could express her approval and keep saying no, but still, a man was forced to do so.

Fake marriage;
The third condition is giving consent to a woman, believing that she is married when the man has been cheating on her. The director said that this is common in cases where men get fake marriage certificates.

Threatening a woman
The fourth situation involves threatening a woman to get her consent. She may fear that if she resists, it will endanger her life and her family’s lives.

Under 16 years old,
A man who has sex with a girl 16 years of age or younger is said to have been raped. Larry added that it doesn’t matter if he consents or not. What are your thoughts on this? Share in the comments section below.

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