Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: The law only prohibits rape of girls and women by men and physical spousal abuse, but the law excludes marital rape if the girl or woman is older than 13. Conviction of rape may be punished by life imprisonment or the death penalty.
Credible human rights organizations found rape remained a serious issue in the country, with reported rapes throughout the year roughly keeping pace with previous years. Domestic human rights group ASK reported at least 1,321 women were raped during the year. In comparison Odhikar reported 1,538 women and children were raped in 2020; among them, 577 were women, and 919 were younger than age 18. There were allegations of rapists blackmailing survivors by threatening to release the video of the rape on social media.
Rights groups reported violence against women in all forms increased throughout the pandemic. ASK reported 640 women were survivors of domestic violence during the year, including 372 who died as a result of the violence. NGOs mobilized to address an increase in gender-based violence during the pandemic. There were reports of sexual violence committed with impunity. On June 14, actress Shamsunnahar Smriti, popularly known as Pori Moni, filed a case alleging businessman Nasir Mahmood and five other men attempted to rape and kill her at the Dhaka Boat Club. On August 4, the RAB removed Moni from her apartment during a raid in which agents allegedly found illegal substances including alcohol and narcotics. Some activists stated the police raid was in response to her filing a rape case against a powerful businessman.
On April 26, college student Mosarat Jahan Munia was found dead in her apartment in Dhaka. Nusrat Jahan, Munia’s sister filed a case against Bashundhara Group managing director Sayem Sobhan Anvir Anvi, alleging he abetted Munia’s reported suicide. On July 19, police submitted the final probe report exonerating Anvir of involvement in Munia’s death. On July 26, 51 activists and leaders across the country demanded a reinvestigation into her death, stating, “We believe a proper investigation and appropriate trial for Munia’s suicide or murder is essential in maintaining public confidence in the rule of law of the country.”
In response to a September 2020 gang rape case in Sylhet, Feminists Across Generations, a local group working against gender-based violence and abuse against women, launched “Rage Against Rape,” a movement declaring gender-based violence a national emergency. The organization’s 10-point plan urged for reform and argued the death penalty for conviction would not solve rape culture or gender-based violence. The organization advocated for women and girls’ safety from violence and raised awareness of individual cases of rape. Separately the Rape Law Reform Coalition, a coalition of 17 organizations, continued to advocate for its “Rape Law Reform Now” campaign, another 10-point plan urging for legal and institutional reforms.
According to guidelines for handling rape cases, the officer in charge of a police station must record any information relating to rape or sexual assault irrespective of the place of occurrence. Chemical and DNA tests must be conducted within 48 hours from when the incident was reported. Guidelines also stipulate every police station must have a female police officer available to survivors of rape or sexual assault during the recording of the case by the duty officer. The statements of the survivor must be recorded in the presence of a lawyer, social worker, protection officer, or any other individual the survivor deems appropriate. Survivors with disabilities should be provided with government-supported interpretation services, if necessary, and the investigating officer along with a female police officer should escort the survivor to a timely medical examination.
A collection of political, sociocultural, and human rights groups stated incidents of rape continued to occur due to a culture of impunity. According to human rights monitors, many survivors did not report rapes due to lack of access to legal services, social stigma, fear of further harassment, and the legal requirement to produce witnesses. The burden is on the rape survivor to prove a rape occurred, using medical evidence.