© Nazifa Naomi @cagednomadonline

Stop Rape In Bangladesh

trigger warning // rape, sexual assault, abuse, pedophilia, murder, suicide

© Anirban Kaiser @anirban_kaisar

Rape statistics and a few cases of rape

© Anirban Kaiser @anirban_kaisar

What are our laws regarding rape and what's wrong with them

© Nazifa Naomi @cagednomadonline

The reform we want and our demands

© Anirban Kaiser @anirban_kaisar

How you can help us

LAST UPDATED: Friday, January 8, 2021
IMPORTANT NOTE: please be respectful about the government as you might harm our possible progress :)

Anirban Kaiser

Nazifa Naomi

Rape Statistics and a few cases of rape

13 rape cases every day in Bangladesh on average.

  • From January 2020 to September 2020, there have been 975 reported rape cases

  • 43 victims were severely injured and killed

  • 12 committed suicide afterwards

  • A 2015 UN multi-country study on perpetrators of rape found that 95% of urban respondents and 88% of rural respondents in Bangladesh faced no legal consequences for rape

  • One-Stop Crisis Centre shows that out of the 16,804 rape survivors who sought treatment between 2001 and 2013, only 3,747 of them took legal action, meaning 78% chose not to pursue legal action even after taking the initial step of seeking medical treatment

What are our laws regarding rape and what's wrong with them

Section 375 states "A man is said to commit "rape" who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions: 1. Against her will. 2. Without her consent. 3. With her consent, when her consent has been obtained by putting her in fear of death, or of hurt. 4. With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. 5. With or without her consent, when she is under fourteen years of age. Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Exception: Sexual intercourse by a man with his own wife, the wife not being under fourteen years of age, is not rape."

  • Defines rape in an extremely narrow way

  • Gender-specific (i.e. by a man against a woman)

  • No clarification of what consent is (e.g. consent obtained by coercion is not consent)

  • Does not recognize marital rape for anyone above 14 and implies marriage is equal to consent and a man has the right to have intercourse with his spouse without her consent

I couldn't find a secure link to the Evidence Act, 1872 of Bangladesh, so I linked the Indian one but don't worry! I checked and made sure they're both exact. Bangladesh was a part of British India and later Pakistan so when we were liberated from both, our Act wasn't changed and we just exchanged India and Pakistan with Bangladesh. If you're doubtful, you can look up Evidence Act, 1872 of Bangladesh and check the not-secure links by our government (I'm not sure why they're not secure but they're correct)

Section 155, Subsection 4 states "When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character."

  • Allows defense lawyers to use "general immoral character" to undermine rape victim's credibility in court and defame the victim's character

  • Shifts the blame from the accused to the victim

  • Retains the definition of rape and does not recognize marital rape

  • Minimum sentence for rape is life imprisonment and maximum sentence is death penalty which makes it harder for rape victims to prove their case as more evidence is required for a heavy sentence

The reform we want and our demands

Legal Reform

  • Reform laws regarding rape in line with constitutional guarantees of fundamental rights and international human rights law to ensure protection and access to justice without discrimination for all rape victims, irrespective of sex, gender, gender identity, sexuality, religion, race, ethnicity, nationality, disability, age and nationality and uphold safeguards on fair trial for those accused

  • Broaden definition of rape and penetration and cover all forms of non-consensual penetration such as penetration of the vagina, anus or mouth, using any part of the body or object, irrespective of victim or perpetrator's gender.

  • Clarify what consent is and explicitly states that consent is revocable at any time.

  • Acknowledge rape victims regardless of their gender, such as hijra, transgender people, men

  • Repeal Section 155.4 of Evidence Act, 1872 and prohibit use of character evidence against victims and character defamation of the victim with questions of clothing, lifestyle and etc.

  • Recognize and criminalize marital rape for all ages and genders of the victims.

  • Allow flexible sentencing and considering into account both mitigating circumstances (such as the age or mental health of the accused) and aggravating circumstances (such as the use of weapon, force or violence and causing permanent physical or mental impairment of the victim as judges are reluctant to give life imprisonment/death penalty

  • Modernise the Evidence Act 1872 and ensure justice process is accessible to rape victims with disabilities, such as speech, hearing or intellectual disabilities are able to testify without facing any procedural barriers due to their disability during rape trials

  • Enact Victim and Witness Protection Law for institutional protection, emergency shelter, livelihood support, pyscho-social support, and protection of identity or relocation as required, of victims/ witnesses and ensure protection is continued until the victim and witness’s safety is no longer threatened and satisfactory alternative arrangements have been made

Institutional Reform

  • Hold gender- sensitisation training for justice sector actors, such as, police, lawyers (prosecutors and defense), judges and social workers so rape survivors are treated with gender responsiveness and sensitivity when reporting a rape, and during investigation and prosecution.

  • Introduce lessons on capacity and consent into educational curricula, to change prevailing misogynistic social norms which undermine the right to choose

How you can help us

  • Mass protests against rape have ended after death penalty was declared as sentence for rape, however death penalty is far from the solution when we have a lot of legal loopholes.

  • If you live in Bangladesh: Please join a protest that is taking place near you if you can! If there aren't any, you can always take the intiative to organise one with your friends while taking safety measures for yourself and others as we are in a pandemic.

  • Educate yourself more about rape culture. Call people out and educate them whenever you see it taking place in front you and talk about rape culture in a safe environment. Change starts from you!

  • Share posts about this issue to spread awareness and always check sources of the post in order to not spread misinformation. Misinformation will hinder all our efforts so please be careful about what you share! Google is free!