Afghan woman forced to choose between marrying her rapist, or 12 years in jail for adultery



The plight of the woman in this report, Gulnaz, first came up in this story, in connection with an EU documentary that was at the time deemed too dangerous to the women featured in it (or perhaps too politically damaging) to be shown. That story also revealed the fact that half of the women in Afghan jails are there for "moral crimes."

Gulnaz herself is a victim of Sharia, and particularly of the demand for four witnesses to support the allegation of a sexual crime, as stipulated in Qur'an 24:13. A woman alleging rape must produce four witnesses, or invite charges of adultery.

Sharia is enshrined in the Afghan constitution as the highest law of the land, thereby hard-wiring the entire society against reform: any proposed legal reforms will go against Sharia as it has been practiced for centuries. And so, here we are. And there is Gulnaz.

"Afghan woman's choice: 12 years in jail or marry her rapist and risk death," by Nick Paton Walsh and Masoud Popalza for CNN, November 22:

Kabul (CNN) -- The ordeal of Gulnaz did not simply begin and end with the physical attack of her rape. The rape began a years-long nightmare of further pain, culminating in an awful choice she must now make.

Even two years later, Gulnaz remembers the smell and state of her rapist's clothes when he came into the house when her mother left for a brief visit to the hospital.

"He had filthy clothes on as he does metal and construction work. When my mother went out, he came into my house and he closed doors and windows. I started screaming, but he shut me up by putting his hands on my mouth," she said.

The rapist was her cousin's husband.

After the attack, she hid what happened as long as she could. But soon she began vomiting in the mornings and showing signs of pregnancy. It was her attacker's child.

In Afghanistan, this brought her not sympathy, but prosecution. Aged just 19, she was found guilty by the courts of sex outside of marriage -- adultery -- and sentenced to twelve years in jail.

Now inside Kabul's Badam Bagh jail, she and her child are serving her sentence together.

Sitting with the baby in her lap, her face carefully covered, she explains the only choice she has that would end her incarceration.

The only way around the dishonor of rape, or adultery in the eyes of Afghans, is to marry her attacker. This will, in the eyes of some, give her child a family and restore her honor.

Incredibly, this is something that Gulnaz is willing to do.

"I was asked if I wanted to start a new life by getting released, by marrying this man", she told CNN in an exclusive interview. "My answer was that one man dishonored me, and I want to stay with that man."

Tending to her daughter in the jail's cold, she added: "My daughter is a little innocent child. Who knew I would have a child in this way. A lot of people told me that after your daughter's born give it to someone else, but my aunt told me to keep her as proof of my innocence."

Gulnaz's choice is stark. Women in her situation are often killed for the shame their ordeal has brought the community. She is at risk, some say, from her attacker's family.

We found Gulnaz's convicted rapist in a jail across town. While he denied raping her, he agreed that she would likely be killed if she gets out of jail. But he insists that it will be her family, not his, that will kill her, "out of shame."

Whether threatened by his family or hers, for now, jail may be the safest place for her.

Shockingly, Gulnaz's case is common in Afghanistan.

CNN asked a spokesman for the prosecutor to comment on the case. The reply was that there were hundreds such cases and the office would need time to look into it.

But Gulnaz's plight has found international attention because of a dispute between the European Union and a team of documentary makers hired to report on women's rights in Afghanistan.

The documentary makers filmed a lengthy report on Gulnaz and other women, showing her talking openly about her fate. They showed the film to the EU, who were paying for it as part of a project on female rights here. After viewing it, the EU decided to spike the project.

The EU said it was concerned about the safety of the women in the film: they could be identified and might face reprisals. The filmmakers however suspect -- citing an email leaked from the EU delegation -- that the EU might also be motivated by its sensitive relationship with Afghan justice institutions, since he film shows the Afghan justice system in a very unflattering light.

The leaked email says: "The delegation also has to consider its relations with [Afghan] Justice institutions in connection with the other work that it is doing in the sector."...

She should be allowed refugee statis into the United States......If they released to the United States, she could be issued refugee status based on the fact her life would be in danger if returned to her own country.

This is very sad, the evidence required to prove rape (4 witnesses) as well as the consequence. I hope she does seek refuge.


Its equally sad how little evidence is required for accusing someone of rape in the USA.

And this the the type of justice system people want to implement here in the US.

I doubt many people do.

All the Muslims want it and even some Muslim elected officials.

this definitely has me rethinking my anti war stance

it's more than sad - it is clearly the worst human rights case come to light in along time - but the gov't may actually be protecting her by keeping her in jail - it just doesn't seem that way to us

why would anyone want to live in a country where jail is safer than the street? Oh, no I didn't mean L.A.

Unfortunately the ENTIRE religion of Islam is nothing but human rights violations and EVERY Muslim nation commits crimes against humanity.

She should marry him then poison the a hole.

I think she should serve her time and then leave the country - by any means possible and take her child

Then they would stone her to death.

I doubt 'all' of anyone wants it either,,,

thats like saying all christians are extremists, its illogical and untrue,,,

Not unless she got caught.

..if it were me i would marry the sumbytch,and when he fell asleep i would find the biggest broom handle and.. corn hole the hell outta that mfer... ..u know it..woo woo woo..

In Islam she doesn't even need to be proven guilty..........

Its not so different in America apparently.

In Islam, if your husband is killed by persons unknown, or if he dies of a heart attack, I doubt if they put the wife to death for his murder automatically.

14yr Old Rape Victim Beaten to Death by Islamic Court

Hena Begum was a fourteen year old girl growing up in the Shariatpur region of Bangladesh until her forty year old cousin decided to rape her.

After she was raped, the rapist and his family then beat her until she was unconscious.

Next, the local Sharia (Islamic) courts ruled that yound Hena should receive 101 lashes for the crime of adultery — for the crime of being a child raped by an adult.

The Muslim clerics took the young girl, who still could not stand on her own, to a public square and proceeded to deliver the 101 lashes. After receiving 80 lashes, young Hena collapsed. Her family was allowed to take her to a hospital where she died from her wounds.

The child’s father, Dorbesh Khan, was also ordered to pay a fine equal to approximately $700 USD — quite a considerable sum in a nation which is suffering under the poverty which almost inevitably results from Islamic rule.

The rapist, Mahbub Khan, had been previously convicted of rape and sentenced to marry his rape victim. The rape victim from that encounter was one of the family members who helped beat young Hena unconscious before her “trial.” Mahbub has since disappeared in order to avoid punishment for this more recent rape.

What sort of people would beat a fourteen year old girl to death in a public square — and call it justice? This is not the sort of religious tolerance that I as a moral human being am willing to accept.

http://www.fortliberty.org/14yr-old-rape-victim-beaten-to-death-by-islamic-court.html