What is Rape? How to get Legal Remedy against Rape? ধর্ষণের বিরুদ্ধে আইগত প্রতিকার

Undoubtedly rape is one of the most abominable work. Bangladesh is a third world developing country with high amount of illiteracy and unemployment rate. The number of rape incidents in Bangladesh is increasing in an alarming rate. According to the 22^nd may 2019 report of News Age, newspaper: On an average, 10.57 rape cases were filed in a day in five years between 2014 and 2018 as the number of the filing of rape cases was 3,949 in 2018. According to ASK, a total of 1413 female were subjected to rape in 2019, Of them, 76 were killed after rape while 10 others victims killed themselves. Rights activists said that the actual number of rape incidents was much higher than the number of cases filed, as a large number of cases of sexual violence and rape remained under-reported.  

So, in this article, I will discuss what is rape, and enlighten you, how a rape victim can get legal remedies according to Bangladeshi law.

If any person does sexual intercourse with any woman above the age of sixteen based on the following grounds, will be considered as rape:

1.     - Against her will

2.      -Against her consent

3.      -When such consent is gained by death threat or threat of assault.

4.      -When such consent is gained by misleading the woman as she is in marital relation with the man.

-And if any person does sexual intercourse with any girl under the age of sixteen whether with or without her consent will be considered as Rape.

What should do when someone got raped

1.     Disclose the matter to any of your trust-able and reliable person and, and to any other person within a very short time of the occurrence, if there are reasonable grounds to believe that that person could be a potential witness and influence the case.

Preserve Evidence and Prove

·         Do not take shower

Do not take shower after getting raped as it washed the evidence away from body. So, the victim should not take shower and even should not wash any part of her body before finishing medical checkup. The evidence or proof of rape remain on victims’ body till 72 hours or 3 days if she doesn’t take bath.

·         Do not launder apparel

     The victim should not launder/wash/clean the tunic/attire/apparel she wearied during rape by any means.It needs to preserve in a paper made bag not any kinds of polytechnic bag. Evidence get damaged in polytechnic bag.

Medical Checkup

·      If any rape offense is committed the victim should in no delay go to any nearest public or private infirmary for medical attention. The victim should not take shower before visiting doctor. Besides the one-stop crisis center situated in divisional medical college hospital provides all necessary services from one place.

·     It is recommended to bring one extra set of apparels when the victim go to doctor as there is high possibility that police will retain the tunic as an evidence or for forensic.

·        With the consent of the victim: It is necessary to appear for medical checkup as early as possible within 72 hours after the rape offense committed. The hospital officials will elaborate how they will conduct the medical checkup before they start it.

·        The medical practitioner will write down every single marks, sign or proof found during checkup along with the mental conditions of the victim and submit it before appropriate police officer.

Filling Complain at police station

Complain can be filled in police station by:

-        The woman who is rape victim or any other person on behalf of her by appearing in the police station.

-      Complain can be submitted through register post (police will write down the complaint and read it before the victim and then the victim will sign after hearing it).

The complainant should preserve a copy of his complaint signed by the duty officer.

If in case after filling the complaint the police refuse to accept it or take no action then the victim herself or anyone on behalf of her can file a complaint before the Nari-O-shisu nirzaton daman tribunal.

Victim Support Center’s help

To stop violence against woman and children Bangladesh Police establishes victim support center in various places across the country. With the help of 10 NGO, police provide 24/7 service in this center.

Who can come to Victim Support Center?

-          Woman and children who are the victims of rape, abduction and human trafficking

-          Missing children

-          Any woman and children who are flown from home

-          Victims of sexual assault

Victim support center provides following services:

-          Provide necessary information to the victims

-          Listen to the victims attentively and find out their problems

-          File complain on behalf of the victim

-          Inform them about legal procedures

-          Provide emergency medical assistance

-          Help them the in the investigation process

-          Can provide shelter to the victims for maximum 5 days

Legal Aid

The rape victim should take legal advice upon consulting with a lawyer

Notes

A rape victim should write down all the description of the offense which will help her in the time of witness

Where Trial held

All rape cases are tried in Nari-O-shisu nirrjaton daman tribunal situated at district judge court.

Bail

-        Rape case are non bailable offense

-        Rape offense is not compromisable, so no settlement is possible outside of court

Investigation

If the accused person of rape arrested while committing offense, police needs to finish the investigation within 15 days.

Otherwise according to the order of the court, duty of officer of the police station shall

-          Finish the investigation within 60 days

-          This time can be extended to another 30 days with reasonable excuse

Trial Procedure

·         Nari-O-Shisu Nirjaton daman tribunal will finish the trial within 180 days

·         Trial shall continue without any interval

·         If the offender is a child, trial will be held according to child law

·         Camera trial can be held

·         If the victim has been threatened during trial, honorable court with their consent can sent then to safe custody.

Punishment of Rape

If the rape victim died for getting raped

All the accused person shall be held liable to capital punishment or rigorous life imprisonment and additional fine of 1 lakh taka.

If someone tried to kill or wound the victim after raping her

All the convicted person shall liable to rigorous life imprisonment and additional pecuniary compensation.

If anyone get rape in police custody

All the convicted shall impose maximum 10 years and minimum 5 years or rigorous life imprisonment and additional pecuniary compensation of minimum 10 thousand taka.

Provisions for the child in result of rape or if any child born in result of rape

-          That child shall be kept in mothers or maternal relatives’ custody

-          That child is entitled to be known as both his/her mother’s and father’s identities

-          State will provide the expenses of that child’s maintenance till the age of 21

-          State can claim this money from the convicted person

 That’s all for today

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Credit: Some parts of this article has been translated from a similar article of BLAST (Bangladesh Legal Aid Services and Trusts) written in Bengali.