With rape and sexual assault cases rising at an alarming rate, it is crucial to reassess the existing legal framework governing these crimes. Currently, two primary laws address rape and sexual violence in Bangladesh—the Penal Code, 1860, and the Women and Children Repression Prevention Act, 2000. However, both laws have significant shortcomings and fail to reflect the realities of sexual violence in today’s society.
Under Section 375 of Chapter XVI of the Penal Code, 1860, rape is defined solely as an offense committed against women, excluding male, queer, and non-binary victims from legal protection. Similarly, Section 9 of the Women and Children Repression Prevention Act 2000 criminalizes rape but also restricts the definition to female victims. Section 10, which deals with sexual harassment, also does not account for survivors of all genders.
This legal framework ignores the fact that men, queer, and non-binary individuals can also be victims of rape and sexual assault. Due to deep-rooted social stigma, male survivors already face significant barriers in reporting such crimes. The absence of gender-inclusive provisions in the law further denies them access to justice.
Although the 2020 amendment to the Women and Children Repression Prevention Act introduced the death penalty for rape, punitive measures alone are not enough. Comprehensive legal reforms that recognize and protect all victims of sexual violence—regardless of gender identity—are crucial for ensuring justice.
Bangladesh Feminist Archives urges political parties and the state to take immediate action to amend these outdated laws and create an inclusive and just legal system for all survivors of sexual violence.
For reference:
Penal Code, 1860: http://bdlaws.minlaw.gov.bd/act-835.html/
Women and Children Repression Prevention Act, 2000: http://bdlaws.minlaw.gov.bd/act-11/section-3231.html/
Written by Sadman Ahmed Siam
Bangladesh Feminist Archives 