It is important to know that Shari`ah does differentiate between rape and adultery. Adultery is a heinous and grave sin that is punishable in Islam. However, the case is different with rape. There is no punishment for a woman who is raped; only the rapist will be punished. Also, Shari`ah takes modern means such as DNA into consideration and the Muslim judge can issue judgments on this basis.

The prominent Muslim scholar and da`iyah, Zeinab Mustafa, states: First of all, it is not rape that is punishable in Islamic jurisprudence, it is illegitimate sexual intercourse. Even in the case of illegitimate sexual intercourse it is only punishable if there is a confession or clear-cut evidence (the unanimous testimony of four witnesses who happened to see the actual sexual act). In the absence of these clear-cut proofs, no punishment is applied.
A woman is not punished for rape, but the culprit will be punished if the case is proven.

DNA is now accepted in some courts like those in Egypt. Whether or not it is the only evidence considered, is left for the common interest of Muslims who will see fit what is suitable for their time. The bottom line is that there is no punishment in the absence of clear-cut, indubitable proofs.