Rape Cases in Bangladesh Demand Judicial Reform

Md. Ibrahim Khalilullah : Justice for victims of rape cases is still one of the central pressing issues as well as the most complex issues in the legal landscape of Bangladesh. Under the Bangladesh Penal Code provisions, rape is described as sexual intercourse without consent obtained by means of force, coercion, threat or some other means that supplants the victim’s free will. On paper, this legal definition is strong, but procedural loopholes and ambiguities have betrayed victims who deserve justice.

In practice, the difficulties of prosecuting rape cases are complex. The key challenges are obtaining reliable evidence as well as ensuring the integrity of witness testimonies. Already traumatized by their ordeal, victims are often subjected to intrusive and insensitive questioning in the course of an investigation. These practices not only discourage victims from going public, but also undermine the quality of evidence that could have supported their claims in court. The investigative agencies, which typically lack access to modern forensic equipment and specialized training, can struggle to gather and preserve evidence in a way that would hold in a court of law. It is this gap in procedural efficiency that leads to a scenario where the law might be unambiguous, yet the outcome of many cases is not a conviction.

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One of the challenges that victims also face, of course, is the widespread delay in the judicial process. The long-drawn court proceedings, along with the cases of administrative and procedural bottlenecks, only add to the woes of the victims, who have to relive their trauma every time they appear before the hearing. These delays also have a cascading effect: they erode public trust and embolden those who may commit crimes, knowing that justice may come really slowly. The slow churn-through of the legal process has been one of the recurring themes of several recent cases that have been reported in the city and elsewhere in the country, and it only emphasizes the need for systemic reform that is so desperate.

Beyond procedural inefficiencies, the interpretation of consent presents another significant challenge. What complicates the issue is the legal ambiguities in the definition of consent. While the Penal Code bans rape, some interpretations and loopholes have enabled defendants to claw through ambiguities in how they use the coercion or lack of explicit consent as the evidence and whether it’s enough for a conviction. Complex social dynamics, including popular stigmatization of victims as prone to sensationalism accompanying their narrative, make them targets of intimidation. The European Court of Human Rights has observed that, in many contexts, the social and cultural environment informs such judicial decisions, resulting in cases where the rights of the victim are rarely given precedence.

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The administration of justice is further complicated by political interference and populism. Against a backdrop of rapid changes in public opinion surrounding political discourse, certain political figures and media discuss rape cases using sensationalism and populist rhetoric. This trend of letting interests other than the right to a fair trial determine what can be said creates not only a concern about neutrality in the discovery process but arguably perverts the public’s understanding of the issue. The sanctity of justice is threatened when judicial rulings are swayed by external forces rather than through consideration of the law. This interference is also likely to erode trust in the legal system, as inconsistent rulings become the norm.

The construction of a comprehensive, coordinated approach is needed to address these challenges. To make real progress on reform, legal provisions need to be revised to remove ambiguities in the definition of consent, and to plug loopholes that allow perpetrators to escape accountability. Rape has become increasingly frequent demanding specialized investigative units and fast-track courts exclusively for rape. These specialization units are staffed with professionals trained in modern forensic techniques and in the sensitive handling of sexual violence cases and can reduce the backlog of cases and improve the quality of evidence presented in court.

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We need more than progress; we need progress with social change. Extensive public awareness and education can help to reshape cultural attitudes towards rape and sexual violence. Through creating a culture that consistently supports victims, and holding perpetrators responsible for their actions, society plays an integral part in lessening the occurrence of such abhorrent deeds. Today, it’s imperative that all actors—including law enforcement, the judiciary, civil society, and the media—work together to build a judicial system that enforces the law while also protecting the dignity and rights of every citizen.

Overall, although Bangladesh’s legal architecture offers a stringent definition of rape, practical difficulties in evidence collection, judicial delays, legal ambiguities, and external political pressures have identified an impediment in delivering swift and just outcomes. Such heinous acts require nothing less than comprehensive reforms to the legal system combined with improved practices by investigators and greater awareness by society, so that the victims of these crimes attain the justice they deserve. Only if coordinated efforts like these are made will the judicial system reinforce the expectations of justice and promote greater safety in society.

Author: Md. Ibrahim Khalilullah, Vice President, Bangladesh Law Alliance (BLA); mail at: ibrahimkhalilullah010@gmail.com