MJF’s findings on 25 rape cases: serious anomalies in trials
Most of the accused of 25 rape cases, filed between 2012 and 2016, are out on bail though bail is not applicable for punishable offence under Women and Children Repression Act 2000, according to findings by Manusher Jonno Foundation.
Additionally, all the accused have been granted bail within 24 hours to 15 days of their arrest and most of them have been trying to influence the rape cases in various ways, the findings say.
Currently, 20 of the 25 accused are out on bail, three are in jail, while two are roaming free in their areas.
The exception in section 19 (4) of the act -- which entitles any person accused of the offence to get bail upon court's satisfaction -- ensuring that fair trial will not be hampered, is being misused in current practice.
Also, investigation and charge sheet submission was delayed, as an overwhelming majority of these cases are still under trial and hearing stage, while charge sheets have been filed in 22 cases in six months after cases were filed.
These findings were presented by MJF at a virtual press conference today. MJF's partner NGOs followed up the current status of 25 rape cases in its working areas to find out the reasons behind the prolonged legal battle of these cases.
In most cases, survivors and victims' parents were unwilling to go to court after being frustrated about the legal battle, while poor parents become reluctant to sue because of financial hardship. The public prosecutors even do not take any initiative to produce the victims and the witnesses in the court on the dates of the cases.
MJF's partner organisations also found that nine cases filed during 2014-15 and 12 cases filed during 2016-2017 are yet to get verdicts, although the law mandates to complete the cases within 180 days from the date of receipt of documents for trial.
It was also found that children and women rape survivors are being blamed and mistreated in the judicial process by police and defendants' attorneys.
Of the 25 rape cases, two physically challenged women gave birth to two children, but the fathers have not been identified yet.
Though the state is supposed to bear the responsibility of the child born as a result of rape, it is not being implemented.
MJF Executive Director Shaheen Anam moderated the conference and she said, "Unless the justice system is fully strengthened and people's attitude towards women and girls are transformed positively, the menace of rape and the subsequent trial process will continue to remain unhelpful to rape victims."
Senior lawyer Elina Khan also participated at the conference, and she mentioned, "There is no 24-hour forensic lab in the country, which we need urgently."
Placing several recommendations, MJF demanded reforming rape laws, enacting witness protection laws, completing investigations and trials on time, and instituting strong monitoring of whether legal provisions are being properly observed or not and taking swift action against those responsible.
It also suggested amending relevant laws, so that persons with language, hearing and intellectual disabilities can testify in rape cases.