Tears of the rape victim remains unseen

The deteriorating law and order situation in the country has led to a sharp rise in horrifying incidents of rape. Among them, the brutal rape of an 8-year-old child in Magura has shocked the nation. According to research reports from the Bangladesh Mahila Parishad and Ain o Salish Kendra (ASK), in just January and February of this year, 96 people were raped, including 44 children.

Apart from the incident in Magura, several other recent rape cases have created a stir across the country. On February 24, a second-grade madrasa student was raped while visiting her maternal grandfather’s home in Mirzapur, Tangail. Additionally, in Bauphal, Patuakhali, an SSC examinee was reportedly abducted from her home and raped. In Bhairab, Kishoreganj, a seventh-grade student of Srinagar High School was subjected to an attempted rape. In Ghatail, Tangail, during a school excursion, female students from four school buses were allegedly harassed. In Nokla, Sherpur, an incident of gang rape led to a protest, with demonstrators blockading the Nokla-Dhaka highway. On a moving bus named ‘Unique Road Royals,’ traveling from Dhaka to Rajshahi, passengers were robbed, and female passengers were harassed. In Mithapukur, Rangpur, a schoolgirl was reportedly raped while collecting flowers to pay tribute on International Mother Language Day.

In response to these alarming incidents, legal advisor Asif Nazrul stated on March 12 that the law would be amended to ensure that rape case investigations are completed within 15 days and trials within 90 days. However, the reality is quite different. According to the Supreme Court, as of February 2025, there are 153,632 pending rape cases nationwide. Investigation reports in these cases have not been submitted within the legally mandated 30-day period. From January 2020 to February 2025, 33,103 new rape cases have been filed and are currently pending. Additionally, nearly 3,500 rape cases are awaiting judgment in the High Court and Appellate Division.

Ain o Salish Kendra’s statistics reveal that 98% of rape cases are eventually dismissed as false. According to Bangladesh Mahila Parishad, the disposal rate of fraud and deception cases is higher than that of rape cases. Court records indicate that due to a lack of proper evidence, most accused individuals in rape cases are acquitted. To date, no rape case in the country has been concluded within the legally stipulated 180 days. The mandatory 30-day period for submitting investigation reports remains only in legal texts, while, in practice, it takes anywhere between six months to two years just to submit the reports.

Under Section 9(1) of the Women and Children Repression Prevention Act, rape is defined as any act where a man engages in sexual intercourse with a woman over 16 years of age without her consent, by intimidation, or through deception. Engaging in intercourse with a girl under 16, with or without her consent, is also considered rape. The maximum punishment for rape was revised in 2020 to include the death penalty. However, under Section 155(4) of the Evidence Act, if an accused is charged with rape or attempted rape, the complainant's general character can be questioned in court. This legal provision is often misused to humiliate and discredit rape victims through inappropriate and irrelevant questions during cross-examination. As a result, many victims and their families are discouraged from pursuing legal action, leading to cases being dismissed as false.

Currently, there are nine Women and Children Repression Prevention Tribunals in Dhaka alone, with 16,042 cases pending as of February this year. From January to February 2024, only 17 rape, attempted rape, and gang rape cases were resolved, resulting in convictions in only six cases. In other instances, the accused were acquitted. Shockingly, no gang rape case was proven true due to a lack of evidence.

In a controversial ruling on February 6, 2024, a Chattogram court acquitted all the accused in a high-profile gang rape case. The judge of Chattogram Women and Children Repression Prevention Tribunal-3, Joynal Abedin, dismissed the case, freeing the five accused individuals—Nurul Azim (alias Dulu Miah), Mohammad Khorshed, Rashedul Alam Raju, Mohammad Moinuddin, and Rubel. The case documents indicate that the victim, Jesmin Akhter, was visiting a relative’s house in Patiya when she was abducted and raped in a secluded area on December 19 and 20, 2019. Local residents later rescued her, and she filed a case at Patiya Police Station. Following an investigation, five individuals were charged. However, during the first day of testimony on February 6, 2024, the court acquitted the accused, citing a lack of evidence.

Similarly, on November 11, 2021, the Dhaka Women and Children Repression Prevention Tribunal-7 acquitted all five accused in the infamous Raintree Hotel rape case. The accused included Safat Ahmed, son of the owner of Apan Jewellers, and his accomplices.

Senior Supreme Court lawyer and president of Human Rights and Peace for Bangladesh, Manzill Murshid, told Views Bangladesh that most rape cases brought before trial courts involve romantic relationships or consensual intercourse. Many cases are filed when relationships break down, especially when the male partner refuses to marry. If the parties reconcile or reach a financial settlement, the case is dismissed as false. Additionally, some families use rape allegations as a weapon to harass rivals, leading to cases that ultimately lack evidence. True rape cases face major hurdles due to flawed medical reports, witness intimidation, and legal loopholes that help accused individuals escape justice.

Women’s rights activist Fauzia Karim Firoz commented that many rape allegations arise from marital disputes, elopements, or failed relationships. When the disputes are later resolved outside court, victims often refuse to testify, leading to case dismissals. The overwhelming number of such cases causes delays in the trials of genuine rape cases. The prevalence of false allegations also creates skepticism about real cases, making it harder for true victims to get justice. Some defense lawyers exploit this by misrepresenting real rape cases, further obstructing justice.

Attorney General Md. Asaduzzaman stated that in September 2020, the brutal assault of a housewife in Begumganj, Noakhali, sparked nationwide outrage. Following massive protests, the government amended the law on October 12, 2020, introducing the death penalty for rape. However, despite this strict measure, rape cases have not declined. He emphasized the need for stricter enforcement of the law, faster judicial processes, and greater awareness among victims, police, doctors, lawyers, and judges. Only through such concerted efforts can rape cases be resolved swiftly and fairly.