Bangladesh to ban ‘immoral character’ evidence in rape cases


Bangladesh’s Evidence Act, a 19th-century relic of the British colonial era, has been routinely used to discredit the testimony of rape victims during court cross-examinations and police probes. – AFP pic, March 15, 2022.

BANGLADESH will ban questions probing the “immoral character” of rape victims in criminal cases, said authorities today, after a long campaign by rights groups against humiliating interrogations of traumatised survivors.

Experts said the country’s Evidence Act, a 19th-century relic of the British colonial era, has been routinely used to discredit the testimony of victims during court cross-examinations and police probes.

Women activists have spent more than a decade demanding the law be amended, and a coalition of rights groups petitioned the top court for its repeal last year.

Justice Minister Anisul Huq told AFP that Prime Minister Sheikh Hasina’s cabinet resolved to remove the character evidence provisions from the law.

He said the law currently allows those accused of rape to “ask questions as to the immoral character of the victim”, but this will be banned, with Parliament expected to formalise the decision by June.

“This is another step towards empowerment of women.”

Prominent activist Nina Goswami of the local Ain o Salish Kendra rights group hailed the move as a “remarkable achievement”.

Character evidence has hindered justice for decades, she added, with many survivors deciding to not seek charges against their attackers out of fear of social humiliation.

“This will now stop,” she said.

Last year the Bangladesh Legal Aid and Services Trust said character evidence has been used to cast doubt on victim testimony, making it difficult to secure guilty verdicts.

Rights groups said the number of rapes has increased alarmingly in recent years, blaming legal loopholes and a culture of impunity for violence against women.

National anger over the issue boiled over into sustained public protests in 2020, when members of the student wing of Hasina’s party were arrested and charged in a gang-rape case that outraged the public. – AFP, March 15, 2022.


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