Writ filed with High Court seeking inclusion of male rape as a crime

A writ petition has been filed with the High Court seeking its direction to include rape and other sexual violence against men as a crime under Section 375 of Bangladesh Penal Code.

Supreme Court lawyer and human rights activist Tasmia Nuhaia Ahmed, Jagannath University teacher Dr Masum Billah and social activist Dr Soumen Bhoumik filed the writ with the concerned wing of the High Court on Thursday, BSS reports.

“Recently, cases of sexual assault against male children and men have significantly gone up. But such crimes are not being considered as rape. So, the writ has been filed to include male rape as a crime under Section 375,” Barrister Tapas Kanti Baul, who will move the plea before court, told reporters.

Law and home secretaries, and the inspector general of police (IGP) were made respondents to the writ.

Under Section 375 of the Penal Code, a man is said to have committed rape when he, other than exception stated, has had sexual intercourse with a woman under circumstances falling under any of the five following descriptions: against her will; without her consent; with her consent when her consent has been obtained by putting her in fear of death or of hurt; with her consent when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; and with or without her consent when she is under 14 years of age.

The exception to this rule is: If a man has sexual intercourse with his wife with or without consent, it is not rape, unless the wife is under 13 years of age.