A round three out of four rape cases are unable to progress or result in acquittals, because the law blames victims who can be proved to be “immoral” or sexually active with the accused.
Section 155(4) of the Evidence Act 1872 says: “When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix (the victim) was of generally immoral character.”
It is patently unacceptable that the law is skewed against victims in such an outrageous manner.
The Bangladesh National Women Lawyers Association is right to highlight this evidential provision as a loophole that must be closed.
By placing emphasis on the personal history of victims, which has nothing to do with the facts of assault and violence in rape cases, this rule makes it much harder for victims to seek justice.
It also embeds misogynist attitudes in the law and gives comfort to actual or potential perpetrators.
This provision along with the notorious so-called “two-finger” test are obvious factors which deter many victims from reporting rape. They go against the intentions of the High Court’s directive to the government last year to create a civilised and sensitive environment for victims of rape.
It is high time that legal provisions based on discriminatory perceptions are repealed in accordance.
The offensive morality clause and two-finger test must be dropped and the law must also clearly outlaw marital rape.
Removing offensive rules will encourage more victims to seek justice, and make it easier to punish rapists and protect the public.