For a Better Law against Rape

A high number of rape incidents occur every day in Bangladesh but very few are reported or subjected to legal actions. Out of 707 reported rape incidents, in only 401 instances cases were filed against the accused, reviewed by Ain O Salish Kendra (ASK) . Because of institutional bureaucracy, social and legal constraints victims of rape incidents feel discouraged to seek legal help and justice.

According to Bangladesh Legal Aid and Services Trust (BLAST), one of the key causes contributing to the problem is Section 155(4) of the Evidence Act 1872, . The provision states “when a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix [female victim] was of generally immoral character.” This implies that the victim herself is to be blamed for her victim hood and thus deters her from reporting rape. The inconsistency and impractical nature of the section leads to “a legal and moral anomaly where a woman who is alleging a rights violation is compelled to prove her ‘good character’ in order to secure justice.” Section 155(4) which was enacted during British colonial period still remains in force in Bangladesh, although in UK it has been annulled long ago.

Find out more: A “rape shield” law for Bangladesh, by The Daily Star.