re: Daughter of a senior EU official was raped and killed while out jogging

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Rape is a major issue in Afghanistan. A number of human rights organizations have criticized the country's rape laws and their enforcement.

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Women who are raped can be punished under Muslim law. They are often punished as “fornicators” under the zina, the part of Islamic law that has to do with unlawful sexual intercourse. Women are often persuaded to marry their rapist in hopes of restoring honor to her family. This is also done so the rapist can avoid facing charges.

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Afghanistan does not currently have any laws that directly address and protect rape victims or at risk groups. Just the opposite in fact, Afghanistan passed the Shia Family Law in 2009 under Afghan President Hamid Karzai. The United Nations Development Fund for Women, NATO, Canada, United States, Germany and other nations have come forward expressing concern over the oppressive nature of the law. The Shia Family law takes away women’s rights within a marriage and specifies that Shia women must submit to their husband’s demands. It even specifies that they must have sex with their husbands at least once every four days except in the case of illness.

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Rape in Afghanistan is largely under-reported. In many cases, the victim is punished. Women are respected for their virginity, and it is rare for a man to marry a rape victim. Even if the woman gets pregnant, it is uncommon for the rapist to marry her. Thus a woman is now punished for being "impure". The authorities treat such cases as adultery. Even if the woman is not punished, she remains rejected by society as "dishonorable" (badnaam in Pashto), while the rapist is not considered dishonored.

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