The case of a girl who was raped but she was arrested for hiding the crime:
Story from the Client
I the defense lawyer of Da Qanoon Ghushtonky based on working schedule visited the juveniles’ center to take new case and visit my clients. I was attracted by a 16 years old girl who was pregnant and she told me her story as follow: my mother died two years ago due to cancer. My father was going to the city from the village to find work. I and my two sisters and two brothers who are all younger than me, were not able to stay in our rural home by ourselves due to insecurity and loneliness. My father asked his brother who is 30 years old to stay with us during the nights. One night during the month of Ramadan, while I was sleeping with my two sisters and my brothers, I felt that someone is touching me and I woke up with fears, I saw my uncle who closed my mouth . I tried to safe myself, but couldn’t because my physical power was not as much as his. He raped me and warned me: “if you tell others about this issue I strangle you and kill you.” Therefore I could not tell about the case to anyone.
I got pregnant and day by day feeling my stomach was getting bigger and I was trying to hide it. My neighbor’s wife noticed that I am pregnant and she told the case to my father. I have never seen my father with such an angry mode as he got the news. My father went out and shared the case with chief of the village, they both went to find my uncle but he escaped and they couldn’t find him.
Chief of the village reported the case to the police department and I was arrested and brought to the juvenile center.
As her defense lawyer I talked to her father, neighbors, chief of the village and I was present during all court procedures as such investigation and medical examinations and etc.
I as the defense lawyer of her I explained that: the prosecutor accuses my client for hiding the crime adultery, where as my client was raped and it is not an adultery case. On the other hand, the adultery is a crime which is committed by consent of both sides. Furthermore, based on Afghanistan’s codes, the people are just obliged to report those crimes which are relate to internal security cases, not in all crimes. I also added: my client is threatened to death by her uncle after being raped and due to the fear of death my client couldn’t report the fact to her relatives. And based on the law, if a person is forced to do a criminal action, he/she is not obliged. And not to forget that my client is a child and illiterate and her mental capacity is not enough to cope with problems like an adult and take proper decision. In the court session, some questions were asked from my client’s family members and from witness. Juvenile’s center’s responsible persons were also asked regarding the behavior and character of my client.
Finally the court ordered her innocence and her release. The case was solved and finalized only in 37 days, a short period after my client was arrested, which is rarely happens practically.
After some days, my client delivered her baby in her village. But, due to not having breast feed and money to feed her child and also didn’t have the experience of nourishment, therefore her baby got ill and after some days died.
Right now my client’s mental and body health is better, her father is also not going to the city for work and he found a job in the district and is returning home during the nights to protect his children.