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She was 13 and he was 39 – Rape & Consent


Men face infidelity and are wronged and cheated in relationships too. But women, globally, end up paying a bigger price. PHOTO: FILE

The 15-year-old girl from Lahore gave her “consent” and he was her “boyfriend”, and so it is not rape, they say.

This case is garnering a very expected response. But why are we surprised? It reminds me of a case I came across a while back. A 13-year-old girl fell for her 39-year-old neighbour. They started chatting via the internet. One day, when she was home alone, he coerced her into having a sexual encounter. Reality was not as the girl had imagined. When it actually happened, she yelled, cried and resisted but was raped. But the men in her own family, her own relatives, were of the opinion that this incident should be brushed under the rug and no complain should be lodged with the police.

“Larki buhut taiz hai. Ghalti humari hi larki ki hai. Chakkar chalaya hua tha us aadmi se. Yeh to hona hee tha.”

(The girl is very fast. The fault lies with our girl. She had an affair with that man. This was bound to happen).

This is not to say that it is just men who further these stereotypes.

It would also be unfair to assume that only females are raped. Painful incidents where young boys are raped or sexually abused mercilessly keep surfacing on the media. But the numbers, compared to females, are jarringly lower. Hence, here we will discuss the predicament women are faced with.

Staring in our faces is the reality that unless a woman, of any age, has pushed away, kicked or tried to hit the man forcing himself upon her, and has signs of that physical scuffle in the form of torn clothes and bruises, she will not be considered a victim of ‘rape’. And even that will be accepted only if the man was a stranger practically. If at all she had an inclination towards the man and/or had any one-on-one communication with him at any point in the past, she will be considered one of loose character and having brought the ‘inevitable’ upon herself.

This definition of rape is so inbuilt in our society’s system that the idea of rape beyond this is considered… well… not rape. So much so that other categories of rape, in which some form of consent is present at some stage, may be involved from the woman’s side, are ruled off the list of kinds of rape in an absolutist fashion.

The girl gang raped in Lahore was a minor. Even if, hypothetically, she knew or liked the man, she is a child, not an adult. It is recognised as statutory rape even under Pakistani law which is generally not the most women-friendly. But a Pakistani publication went as far as using insensitive language like “…to meet her boyfriend…” and “the tests proved that the couple had been engaged in a consenting relationship”.

If this is the mentality being echoed by an English language publication, what thought process do we expect the average uneducated or less evolved Pakistani to exhibit? If the minor is not old enough to have a driver’s license or an identity card, is he or she old enough to discern and decide the consequences of indulging in a sexual relationship?

The 13-year-old girl I mentioned earlier was a normal, curious child who knew little what this encounter with her almost 40-year-old neighbour would lead to. But that man knew exactly what he was doing. How is this, then, not rape?

Another example is how every time we use the term “marital rape”, many, if not all, will express shock over the idea – shock that is genuine, as it is considered unthinkable that anything within the bond of marriage could be wrong. Others know what it means but say all is fair in nikkah and vows.

But perhaps the most insidious form of sexual exploitation is when a woman is exploited via emotional manipulation. Leading someone on with the pretence of commitment and promises of a marriage has led many girls and women in our society to points of no return. And this happens across the board – it is not restricted to urban or rural, affluent or underprivileged. After giving their all, women are left in the lurch.

Again, men face infidelity and are wronged and cheated in relationships too. But women, globally, end up paying a bigger price.

Thus in many cases, the seeming “consent” actually has layers of details in the background that one does not know. Talking about this is important so that as a society, we learn to understand the difference.

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About FarahnazZahidi

Journalist, writer, blogger & activist. Currently working for The Express Tribune. Focus on human rights, health, gender, peace & Islam. Idealist. Wannabe photographer. Chaai, traveling, reading, friends and motherhood.

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