Atif Zareef vs. State, Criminal Appeal No. 251/2020 & Criminal Petition (Pakistan)

The case involves a complaint for an alleged rape where the complainant, who was then traveling with a male companion, was intercepted on the roadway by the perpetrators, taken off-road and raped.

The accused suggested, during cross-examination of the complainant, that the complainant was immoral and had an illicit relationship with her traveling companion. However, the court said that the questions targeting her character had no relevance to the matter on trial, i.e., the commission of rape on her. The court also addressed the "two-finger test" or "virginity test" supposedly to determine the sexual history of a victim, on the assumption that a sexually active woman is not credible and is more likely to have consented to the act. The court said that the two-finger test has no bearing on a case of sexual violence. The condition of the hymen is likewise irrelevant. According to the court, dragging the sexual history of the rape survivor into the case by making observations such as "the vagina admits two fingers easily" or "old ruptured hymen" is an affront to the reputation and honor of the rape survivor and violates the constitution which mandates that no action detrimental to the body and reputation of a person shall be taken except under law. Moreover, the constitution mandates that dignity shall be inviolable, therefore, reporting the sexual history of a rape survivor amounts to discrediting her independence, identity and autonomy, and free choice, thereby degrading her human worth and offending her constitutional right to dignity. A woman, whatever her sexual character or reputation may be, is entitled to equal protection of the law.