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Although there are examples of prosecutions of rapists (forthe crime of forced zina), investigations are often not carried out,indictments are not consistently made, and even when compelling evidence hasbeen presented in court, this may not be enough to secure a conviction. Thisstems in part from a presumption which appears to be commonly made byprosecutors and judges that the female victim is at fault and has in some wayinvited the sexual violence, rather than treating her as a victim of a crime.[60]Some judges have incorrectly demanded the Sharia requirement of four adult malewitnesses to prove adultery instead of the requirements of Article 37 of theAfghan Criminal Procedure Code, which allows other types of evidence as proof.[61]

Courts have regularly viewed a woman's allegations of rapeas an admission of the crime of extramarital sex, exposing sexual assaultvictims susceptible to prosecution and imprisonment themselves.[62]In a study on arbitrary detention by the UN carried out between 2006-2008,research in 30 of 34 provinces nationwide found that in almost every caseinvestigated, a rape victim appeared to have been charged with zina. Thisincluded a 15-year-old girl in Nangahar who was abducted and raped by two men.They were later released on bail, while she was charged with zina. Inanother case, a 20-year-old in Nangahar was sentenced to two years in prisonafter complaining to the local authorities that she was raped by her uncle.[63] 041b061a72