Aisha continue to live in deprivation, denial, rejection and condemnation, yet her predator has instituted a defamatory case against her in addition to the 100 strokes of the cane that awaits her at the Shariah Commission "as punishment for fornication".
Her relatives have abandoned her, leaving the poor woman to care for herself and her unborn baby.
The jurisprudential distinction between Islamic and conventional courts in handling rape cases might have contributed immensely in giving rape suspect save haven within the provision of Islamic Shariah law.
For instance, in Islam, fornication, (defined as consensual sexual intercourse between two unmarried people) and adultery (sex between married person and another who is not the spouse of the other person whom they had intercourse with) are two sins with distinguishable punishments.
In Islamic jurisprudence, the punishment for adultery is stoning to death while fornication attracts 100 lashes—and all the punishments are only carried out when four male witnesses of reputable character testify before a judge that they have seen with their eyes when the fornication or adultery was taking place.
Exploiting the window provided under the Islamic jurisprudence, rape suspects run to Bauchi Shariah Commission and file for defamation of character since their prey hardly provide the four credible witnesses required as enshrined in Islamic jurisprudence.
For instance, in the case of Aisha vs Abdullahi who at the initial stage had conceded to have committed the crime, received 100 lashes at the Commission "only for him to run to a lower shariah court at Kobi in Bauchi metropolis to file for defamation of character", Aisha laments.
The Commission at the initial stage of Aisha's pregnancy mediated the case and found the suspects wanting; evident by the 100 lashes he received, but in a desperate move to evade responsibilities, he instituted a fresh case against his prey, charging her for defamation of character.
Aisha said she received calls from one Usman, who is the Secretary of the Commission, "instructing me not to disclose what happened to anyone, but cooperate with the lower Sharia court and take in good faith any judgment they may deliver against me."
The lower Shariah court will reconvene sitting on July 15, 2020 for continuation of hearing between the impregnated rape victim and the alleged sex predator who instituted a defamatory case against her.
Aisha at the moment says she suffers from triple tragedies: "I'm pregnant for being raped, I'm waiting for 100 lashes from Shariah Commission when I give birth and I'm waiting for another judgement from another court all at the same time."
Yachit Suzan Dala, the Bauchi State Coordinator for National Human Rights Commission in Bauchi corroborate Aisha's claim where rape suspects in the state gets protection from the Shariah Commission.
She said the Commission had instances where rape suspects "usually run to Shariah court or any organisation and file for defamation; and we find out that the court treat such cases as adultery instead of rape, that means reducing the gravity of the offense.
Mrs. Dala gave instances where the Shariah Commission in the state treat rape cased without police investigations.
"We all know rape is a crime, and who is responsible for investigating rape? The police. "So anytime a crime has occurred, and the police did not carry out an investigation, I don't think court will sit on the matter when there has never been an investigation," she added.
Dala cited another case the Commission is currently handling where "Somebody was raped; the community leader had mediated, from the mediation the man admitted and apologised.
"But thereafter took the victim and her family to the Shariah Commission. The Human Rights Commission was at the Shariah Commission, we did not miss wording that the matter was a criminal matter that should go before the police. They agreed and admitted that it was a very serious matter that should be handled by the police."
Mrs. Dala said the people that were running to the Shariah Commission are usually the perpetrators not the victims.
"That means they are running there because they think they will get a little respite there. "When they go to the Shariah Commission, they don't say they raped; rather say they were defamed. That's why they are running there," Mrs. Dala lamented.
Aisha also said the case between her and Abdullahi who allegedly raped and impregnated her was never investigated by the police, a suggestion that the Commission is deciding rape cases without police reports.