‘Morality of victims irrelevant in rape cases’

Rights activists have demanded amendment of section 155(4) of the Evidence Act to protect rape victims from being demeaned during cross-examination before court.

They also asked the government to ensure compensation for rape victims and protection of witnesses.

They made these demands at a discussion titled "Legal Reform to Ensure Justice for Rape: Compensation, Witness Protection and Prohibition of Character Evidence" organised by Rape Law Reform Coalition at The Daily Star Centre in Dhaka yesterday.

The coalition consists of 17 rights organisations that have been working to reform the relevant laws to ensure justice for rape victims.

According to section 155(4), when a man is prosecuted for rape or an attempt to rape, "it may be shown that the prosecutrix was of generally immoral character".

During his presentation, Taqbir Huda, advocacy lead of Gender Justice and

Diversity at Brac, highlighted how defence lawyers used the section to ask various demeaning questions during cross-examination to defile the victim's character.

Fearing such character assassination in public, rape victims often avoid seeking justice, he added.

Huda also said the sufferings of a rape victim cannot be addressed only by handing down punishment to the accused; the victim must be given compensation.

The Coalition submitted a draft amendment bill on the Evidence Act 1872 to the five Members of Parliament present at the meeting, proposing changes in four sections of the Act to protect complaints of sexual offences from irrelevant questions about their character and past sexual history.

Bangladesh Press Council Chairman Justice Nizamul Huq said victims' character is not a factor in rape cases. "The only factor is whether the rape incident can be established."

MJF Executive Director Shaheen Anam said the Evidence Act is used in such a way to attack rape victims that the person at one stage loses the will to carry on with the case.

Manusher Jonno Foundation Programme Coordinator Ruma Sultana said many rape victims do not file cases fearing retaliation.

President of Bangladesh National Women Lawyers' Association Advocate Salma Ali hoped the government will soon implement their demands.

Lawmaker Shameem Haider Patwary, member of the standing committee on Ministry of Law, Justice and Parliamentary Affairs, said lawyers need to be given training on how a rape victim should be questioned.

He said it is high time that rape laws address the issue of marital rape.

Panel Lawyer of Bangladesh Legal Aid Services Trust Ainun Nahar Lipi said consent is very important in rape cases, and the definition of consent needs to be defined well in the respective act.

Lawmaker Fazle Hossain Badsha said he will raise voice in the parliament on the matter.

Lawmaker Begum Lutfun Nesa Khan observed that even after introduction of death penalty, rape incidents have not stopped.

Lawmaker Shahiduzzaman Sarker, chairman of the standing committee on Ministry of Law, Justice and Parliamentary Affairs, promised to amend the corresponding act.