Rape Law Reform in Bangladesh: Conference Report

Legal Dilemma on Rape of Male in Bangladesh, 2019

Rape is a serious crime across the globe. In Bangladesh, it is now a common violence against the child. Many male children have faced sexual violence in the society, specially in the educational institutions but some are published. In legal context, there is academic and judicial debate whether Woman and man will get same legal protection in respect of rape and sexual harassment specially when both are children. In this Article, the question of conflict of laws is addressed and wanted solution.

Aggression and Violent Behavior, 2020

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In any society sexual harassment has inseparable link with women’s disadvantaged status and subordinate position (McDonald & et al., 2010, p.165). In the mid of 1970s, sexual harassment place for socio-legal recognition by the feminists activists and entered in the equal opportunity discourse around the world (Pringle, 1989). Since 1970s research and social policy related to sexual harassment, bulling, and stalking have advanced slowly for two reasons; those are, sexual harassment policies and laws recognized as a form of discrimination developed in the United States as a part of civil rights legislation, and also focus on anti-social, aggressive behaviour that had link to criminal conduct (Gouber & Fineran, 2007, p.628). Bangladesh has the high prevalence of public place sexual harassment against girls and this is a serious problem for girls’ participation in education and freedom at public spheres and choices for their own lives. Due to such kind of violence every year numbers of young girls commit suicide (ASK 2017). Lack of public awareness, state citizen protection policy, law and insufficient measures by law enforcing agencies, the problem became an epidemic in Bangladesh. The High court directive is the only legal document to bring the issue under public prosecution. The purpose of the research paper is to look at how the legal practitioners conceptualise sexual harassment prevention strategies and it practicability as a policy discourse in current context of Bangladesh.

Journal of Social Sciences and Humanities Review (JSSHR), 2021

The ratio of rape in Bangladesh has increased dramatically in the recent past. It is happening due to the deterioration in social norms, and other several invisible social reasons. For any society's ethical degradation, there are social, political, economic and cultural reasons. The proportion of rape has not only enhanced in the South Asian countries but also in the developed countries as well. The main objective of this study was to find out the reasons for rape, and to provide with some suggestions for controlling the incidence of rape in Bangladesh. Also, this study has done a historical review on how it can influence society, state, and psycho-physical conditions of the victims. The historical review is very effective in finding out the main causes of rape in any society. Methodologically this is a qualitative research work, based on both primary and secondary sources of data. The article has discussed the nature and inherent causes of the rape which occurred in some South Asian countries with particular emphasis to Bangladesh. Also, the social causes of the increase of rape-incidences in Bangladesh have been discussed and analyzed. The study found that there are a number of examples of rape incidents in Bangladesh. Based on the findings of this study, it is strongly recommended that, the authority should formulate legal framework, proper policies, and should take adequate steps for the proper implementation of the rule and/or law to control rape incidents in the society.

Bangla Tribune, 2019

This research conducted from Jan 1, 2018 to May 15, 2019. The article shows the total number of rape committed in the first four months of 2019 is almost equal to the ones committed throughout the entire year of 2018. This research has been conducted after reviewing copious amount of data, collected from three national dailies by the research department of Bangla Tribune. The collected data on rape has been reviewed after categorising them into five different sections, which are: attempt to rape, rape, subsequent murder after rape, gang rape and subsequent murder after gang rape.

Compensation to a rape victim is a growing need in this post-modern world of the twenty first century. Perpetrator as well as the state has responsibility to make good a rape victim through a proper legal framework. But the issue of compensation to rape victims has been paid less attention. The rape victims don"t have any specific access to receive compensation as of right in the legal system of Bangladesh. Rather it has been made optional by specific laws and by the courts. Therefore, the issue of compensation to rape victim needs extra care. This paper is going to address the weakness of the existing laws in Bangladesh and argues for ensuring compensation, as of right, to the rape victim as justice requires in a civilised nation.

Delta Medical College Journal, 2015

Background: Rape is one of the silent brutal sexual offences in Bangladesh. Despite strong laws against it, the evil of rape continues to rise. Increasing trend of the silent cruel sexual offence (rape) represents a major psychopath sexual disorder and public health problem and progress of the country. Objective: The aim of the study was to determine the pattern of alleged rape victims in a rural district of Bangladesh with the ultimate aim to create public awareness about the brutal crime.Materials and method: This retrospective study was carried out on 330 sexually assailed alleged rape victims’ report forms, who reported at Faridpur Medical College, Bangladesh from 2007 to 2011 for medical examination. Results: Among the study subjects maximum number (70.0%) of alleged rape cases were under the age of 20 years. More than two-thirds (64.60%) of the assailants were known to the victims, most of the incidents (64.20%) occurred in the victims’ houses and nearby places. The study also...

Zenodo (CERN European Organization for Nuclear Research), 2022

Rape is among the most committed felonies in Pakistan and is counted among the dismal league of such countries which have a daunting number of reported and unreported incidents of sexual crimes. According to the Human Rights Commission of Pakistan (HRCP)'s recent report, a minimum of 11 rape cases are reported daily and more than 22,000 were reported in the last six years i.e., 2015-2021. Hudood Ordinance, 1979 was the first law to recognize Rape as an offence and later, laws have kept evolving. Lately, the Government of Pakistan, considering the growing inadequacy of the prevalent laws to deal with the raging situation, has enacted The Anti-Rape (Investigation and Trial) Act 2021 (the Act) which consolidated the previously scattered rape laws in the country. Although being the best effort, so far, to redress the rape victims, unfortunately, this Act is not only riddled with myriad of substantive and procedural flaws but is also facing enormous difficulties in implementation process. Lack of training of already burdened Police & Prosecution departments, no traces of establishment of Anti-rape crisis cells (ARCCs) and formation of Special Investigation Officers and Joint Investigation Teams yet to aid the victim, serious dearth of resources required to implement the Act, creation of multiple forums rather than building on the existing legal infrastructure and no mention of sexual molestation in the Act are to name a few. This paper shall discuss the remedies to overcome the shortcomings in substantive and procedural laws as well as in the implementation process of the Act.

This is an opinionated article addressing the rape issue in Bangladesh. We argued that this is conspicuous to the society that rape culture has emerged in Bangladesh and we are jaundiced to say that there has no chance to say that rape is deviant behavior. It is rooted in history, embedded in social-cultural-political factors.

International Journal of Ethics, Trauma & Victimology, 2020

Sexual assault is defined as any sexual act performed by one (or more) person(s) on another without consent. It may include the use of threat or force. In some cases, the person cannot give consent to sex because he/she is unconscious or otherwise incapacitated. A person may be raped by a stranger, an acquaintance or date or a family member. The purpose of the present study was to find out the medicolegal findings of rape victims in order to point out the visible loopholes of the procedure. This was a cross sectional descriptive type of study which was done in the Dept. of Forensic Medicine, Sir Salimullah Medical College and Mitford Hospital, Dhaka , Bangladesh from January to December 2015 with maintaining ethical issues. Rape cases were sent for medicolegal examination and victims who ultimately agreed to do medicolegal examinations were examined and opinions were given regarding the issues. In this study, majority (70.0%) of the victims was within 11 to 20 years of age and 65.0%...

Asian Journal of Social Sciences and Legal Studies , 2022

The detriment of rape even with the upsurge is received by the general mass with shock and the trauma enveloping the inflicted is incomprehensible. In a developing country like Bangladesh, the chastity of a woman is her ultimate pride and possession and when such is violated, considering the social predicament, the victim is usually humiliated in lieu of availing the much-required moral support to disposal. Falsely implicating an innocent is also evident in the trend. In the recent amendment, incarceration for life was substituted by the death penalty. Such incorporation endeavors toward the deterrent aspect of the penalty warning future perpetrators to avert from committing such mischief. This article aspires to illuminate the unexpanded idea of consent, extract the constitutional and legal justification of the recent amendment, the ends of statutory justice provided to the protected and sabotage of the very protective law, i.e., misapplication of it falsely incriminating an innocent.

Criminal Law Forum, 2010

Interights, the International Center for legal protection of human rights. She regularly writes and lectures on human rights and public interest law, and on women's human rights. Her recent publications include 'Honour' Crimes Paradigms and Violence against Women, co edited with Lynn Welchman, Zed Press, London 2005. This article is dedicated to two women and their contributions to justice for women survivors of crimes against humanity, first, to Rhonda Copelon, who so brilliantly developed human rights law to encompass women's experiences of violence in conflict situations globally, and second, to Firdausi Priyabhashini, whose courage and conviction have helped to transform the understanding of women's experiences of sexual violence in the Bangladesh war of liberation, and to keep alive the demand for accountability. Sara's thanks also go to Rokeya Chowdhury for research assistance. We both thank the anonymous reviewers for their comments and Suzannah Linton for her strong editorial support.

International Journal on Integrated Education, 2021

Rape is being alarming condition in Bangladesh day by day. Rape victims blaming are inherently linked phenomena, the existence of a rape culture which normalizes sexual violence and blames rape victims for the attacks against them create cultural violence in Bangladesh. For a result, the Government of Bangladesh increased the punishment of rape (death penalty). But the procedure to amend the laws is not accurate and is not given any debate upon the subject matter. As a result, this increasing punishment may be good for the future times or may be created as many as challenges which we cannot thinks in that normal period.

Notwithstanding piecemeal and passive statutory recognition of the victims of crime, victims' right to meaningful access to criminal proceedings falls short of adequate protection. Our constitutional commitment to fair trial revolves around a cluster of procedural safeguards to the offender. The victims of crime enjoy no better protection under Code of Criminal Procedure 1898. Over the years a host of special legislations have been enacted to combat violence against women which also offer rather hazy victim protection scheme.The agencies of criminal justice system appears to be oblivious to the plight of the victims of crime. This article transpires that in absence of holistic legal as well as institutional framework protecting the witnesses and victims of crimes, victim justice still remains highly elusive in Bangladesh. It is thus emphatically argued that victims' rights should be high in the agenda of our criminal justice reforms. Consequently, an exhaustive legislation for victim and witness protection is urgently required.