The Need for Legal Reform on Male Rape in Bangladesh

Md. Shawkat Alam Faisal : During the Anti-Rape Movement across the country, the recent event in Narayanganj, in which a 20-year-old man was allegedly raped and a sodomy charge was filed instead, demonstrates a fundamental weakness in Bangladesh’s legal structure.  The country’s rape laws, as specified in Section 375 of the Penal Code of 1860, only recognize rape as an act committed by a man against a woman, effectively removing male victims from legal protection.

As a result, incidents involving male victims are tried under Section 377, which criminalizes “unnatural offences,” a statute originally designed to punish homosexuality or beastiality rather than sexual violence against men.  This legal ambiguity not only distorts the nature of male rape, but it also stigmatizes victims, deterring them from pursuing justice.

Sexual assault against men and boys is not an isolated issue in Bangladesh, but rather a recurring reality, notably at educational institutions such as madrasas, where reports of sexual abuse by teachers and religious instructors have arisen on multiple occasions.  Young boys, many of whom come from low-income families, are sexually exploited in settings that should be safe and educational.  Despite media coverage of such occurrences, judicial action is sometimes ineffective due to the lack of a particular legislative provision recognizing male rape.

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Beyond educational institutions, incidences of sexual violence against males have emerged in a variety of settings.  In recent years, news of male models being kidnapped and raped in Dhaka has outraged the country, demonstrating that even urban, professional males are vulnerable to such atrocities. Similarly, examples like the gang rape of a rickshaw puller in Gulshan highlight the harsh fact that sexual violence against males is not limited to specific socioeconomic strata or occupations.

Male rape is frequently trivialized and dismissed as a joke in Bangladeshi society.  Victims of such crimes are regularly humiliated and belittled, with social media platforms inundated with “haha” reactions and mocking comments that minimize the survivor’s trauma.  This dismissive attitude originates from strongly set masculine ideals, in which males are expected to be strong and invulnerable, making it difficult for society to understand how a guy may be subjected to sexual abuse.

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As a result, many male survivors prefer to keep silent, fearing mockery and questions about their masculinity.  This societal contempt is one of the primary reasons why male rape is so underreported, and the problem remains mostly hidden from the public eye. The true scope of male sexual violence in Bangladesh is likely far higher than stated, with many victims unable to come forward due to stigma and a lack of legal acknowledgment for their suffering.  Until these damaging cultural beliefs are faced and altered, male victims will continue to suffer in silence, and the true scope of this problem will stay unknown.

In Bangladesh, the law does not acknowledge that a man can be raped.  This is not because these crimes do not exist; rather, the legal framework lacks the terminology to confront them.  By defining rape solely as a crime perpetrated by men against women, the law excludes male and transgender victims, leaving them without legal acknowledgment or remedy.  Furthermore, it perpetuates the notion that rape is motivated by sexual desire rather than power and coercion.  This belief reinforces damaging gender stereotypes, putting the onus on women to avoid rape while neglecting the fact that men can also be victims.

If the law is to be changed, the conversation around rape must change first.  Society must stop presenting sexual violence as a problem that solely affects women and acknowledge that men can be just as vulnerable.  Addressing this fact does not minimize the gravity of rape against women; rather, it guarantees that all victims, regardless of gender, receive the justice and protection they require.  Rape is fundamentally about power and control rather than sexual activity.  And, as history has shown, power is gender-neutral.

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Male victims can initiate a complaint under Section 377 of the Penal Code if they are raped by another male.  Section 377A of the Penal Code prohibits “carnal intercourse against the order of nature,” including sodomy.  In Bangladesh, rape is only recognized when the victim is a woman.  Section 375 of the Penal Code of 1860 makes rape of women by men a penal offence.  Male children under the age of 16 can approach the Nari O Shishu Nirjatan Daman Ain of 2000.  Sodomy charges received less harsh penalties than rape cases.

Many countries have adopted gender-neutral rape legislation to ensure that all victims, regardless of sex or gender identity, are legally protected.  For example, in 2003, the United Kingdom modified its Sexual Offences Act to define rape as non-consensual penetration of the penis, whereas other types of non-consensual sexual violence, regardless of gender, are classified as sexual assault.  Similarly, in 1983, Canada’s Criminal Code replaced gender-specific words with a broad definition of sexual assault, recognizing that victims of sexual violence might be of any gender.

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However, India has made some headway by criminalizing male child sexual abuse under the Protection of Children from Sexual Offences (POCSO) Act, but adult male victims are still unidentified. In the United States, federal and most state laws define rape and sexual assault in gender-neutral terms, allowing male and transgender victims to seek justice on the same basis as female victims.

The Narayanganj case is not an isolated instance, but rather an example of a larger systemic failure.  Until Bangladesh legally acknowledges male rape and offers adequate legal and social support, many survivors will continue to suffer in secret.  A gender-neutral definition of rape, together with structural improvements, is critical for securing justice for all victims of sexual abuse.  The time to act is now.

The Author Md. Shawkat Alam Faisal, is a Columnist and an Apprentice Lawyer.