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Inconsistent definitions of rape, different rates of reporting, recording, prosecution and conviction for rape create controversial statistical disparities, and lead to accusations that many rape statistics are unreliable or misleading.In 2011, Afghanistan made international news in regard to the story of a woman who was raped by a man, jailed for adultery, gave birth to a child in jail, and was then subsequently pardoned by president Hamid Karzai, and in the end married the man who raped her.and it is generally not acceptable for a woman and a man to be alone together (unless married or related), and if this happens the response can be very violent: an Afghan medical doctor and his female patient were attacked by an angry mob who threw stones at them after the two were discovered in his private examining room without a chaperon.Article 336 of the Penal Code stipulates that rape is a punishable offence, but does not give a definition of rape (which is left to the courts).In some jurisdictions, male-female rape is the only form of rape counted in the statistics and countries may or may not criminalize marital rape. In many parts of the world, rape is very rarely reported, due to the extreme social stigma cast on those who have been raped Furthermore, in countries where adultery or premarital sex are illegal, victims of rape can face prosecution under these laws, if there is not sufficient evidence to prove a rape in the court.Even if they can prove their rape case, evidence during investigation may surface showing that they were not virgins at the time of the rape, which, if they are unmarried, opens the door for prosecution.
A United Nations statistical report compiled from government sources showed that more than 250,000 cases of rape or attempted rape were recorded by police annually. Most rape research and reporting to date has been limited to male-female forms of rape.
Research on male-male and female-male is beginning to be done.
However, almost no research has been done on female-female rape, though women can be charged with rape in a few jurisdictions.
A few books, such as Violent Betrayal: Partner Abuse in Lesbian Relationships by Dr. Renzetti, Rape in Afghanistan is a crime which can be legally prosecuted, but in practice it is very rarely reported, because of the immense risks that women face if they report it.
Rape victims in the country face a double risk of being subjected to violence: on one hand they can become victims of honor killings perpetrated by their families, and on the other hand they can be victimized by the laws of the country: they can be charged with adultery, a crime that can be punishable by death.
Furthermore, they can be forced by their families to marry their rapist.