The crime of rape, including fornication, forced sexual intercourse, individually or in a group, or rape without sexual acts, such as rape, sexual intercourse, rape of a woman's chastity and modesty, playing with a child... even touching the victim. It has been criminalized in Afghan law and other legal systems. In order to apply the punishment and identify the criminals, it must be proven that the accused person has really committed such an act. Considering Article "9" of the country's Criminal Procedure Law, in proving the crimes of rape, the accused's confession, the testimony of witnesses and evidence have a significant effect, as well as scientific evidence, which includes forensic medical examinations, expert opinions, etc. It is valid as evidence in proving all crimes. Rape without the consent of the perpetrator is different from other sexual crimes that are accompanied by consent. But it seems that the legal system of Afghanistan has not made a difference between these two categories of crimes. While in the legal systems of Islamic jurisprudence, proving sexual crimes with consent is always accompanied by difficulties. which shows the legislator's mitigating approach towards these crimes. In sexual crimes, the emphasis is on victimization, and this makes it harder to prove sexual crimes. On the other hand, in the case of rape, the aspect of human rights and the need to protect the victim requires less strictness in proving the crime.
