EXECUTIVE SUMMARY
Sahil has been providing free legal aid to victims of child sexual abuse since 1997. In a recent research by Rita Laura Shackel, Faculty of Law, University of Sydney (International Journal, Child abuse and Neglect 32 (2008) 485-495); it was found that professionals often do not understand the behavior of children who have suffered abuse. This especially impacts the attitude of judges and lawyers who may react adversely to these behaviors. This research prompted Sahil, who has a vast network with lawyers, to develop a questionnaire based on a number of issues that may influence the defense counsels, and also have an effect on the case. Sahil legal team developed and distributed the questionnaires which contained 21 questions. The responses were received from 221 lawyers in 29 cities across the 4 provinces of Pakistan. The demographic information shows that the lawyers had handled criminal and civil cases, and most of them had handled cases at District and High Court levels. Their years of experience ranged broadly from 7 years to18 years or more. The questions related to the United Nations Convention on the Rights of the Child showed that about 50% of the lawyers knew about it and also defined the age of a child at 18 years. Less than 50% of the lawyers had knowledge of forms of sexual abuse and that too of only two forms of sexual abuse, rape and sodomy. Out of 221 lawyers, 76% understood that children may not necessarily suffer physical injury during sexual abuse, and may also deny sexual abuse to parents. About 50% thought that children who are sexually abused could have difficulties in recalling details. More than 26% thought that if they had difficulties in recall of details it would mean that they had fabricated the abuse. A75% correct responses were given regarding the legal requirements of CSA cases, such as; no medical report required for registration of FIR, sexual abuse is a non-compoundable offence, lodging of immediate FIR in a cognizable offence. Sahil's vast experience as legal aid provider to victims of child sexual abuse enables it to reach the conclusion that there is a need to work with lawyers on capacity building, especially on international commitments of the state, and also on amendments in procedures which can encourage the victims to seek justice instead of compromise. These efforts would ultimately escalate the ratio of cases registered and increase the trust of victims in the justice system. Sahil also hopes that these recommendations are addressed by the relevant government authorities.
click to download : KAP Study