by Ishrat Jahan Prachy
In a recent incident, while consoling a victim, I didn’t have the heart to tell her how badly the criminal justice system is going to ruin her. The character assassination that she’s going to face in the courtroom. Even though I couldn’t say it, since she’s someone I know, the other senior lawyers made sure she was mentally prepared for the trial, where she’s going to be character-assassinated by the system and the whole nation. This devaluing act of victim-blaming culture, the traumatizing effect on a survivor who’s already shaken. The retraumatizing act of slut-shaming the victim instead of believing her, putting her on trial in the court of public opinion.
Time and again, the system has failed to ensure justice, with a conviction rate of only 3% (Daily Star report), whereas, according to Kaler Kantho, 27,479 rape cases were filed in 5 years. While the victim is asked by everyone to be mentally prepared for the worst nightmare, the perpetrator/accused is often assured that he will be out in no time, with legal loopholes and political connections.
The exhausting process of filing a complaint at the police station, hours of delay, and negotiations with the police just to file a case. Then comes the legal system—the lengthy, inaccessible, rigid process. And even though it says “innocent until proven guilty” for the accused, a woman can feel all the eyes on her as if she is the real criminal, already judged guilty.
Every time a woman tries to speak up in this country, she is silenced by the mass population pointing out her clothes, life choices, partners, and lifestyle. Slut-shamed for everything she has done in her life, whatever choices she has made. We circle back and remind people that an 8-year-old was raped by her father, and an 80-year-old was gang-raped in her own home. Regardless of age, socioeconomic background, or religious belief, women have always been attacked by men around us. It’s high time we humanize the criminals and accept the fact that these are regular people who’ve committed the crime.
Who do you go to when you are defeated in both the court of public opinion and in the court of law simply because of your gender? Who do you go to when you can’t assure the victim that justice will be served?
—————————————————————————————————
This piece is part of Political & Personal: An Anthology of Gender & Sexuality Issues in Bangladesh, a weekly series by the Bangladesh Feminist Archives. To read all contributions and view submission guidelines, click here.
