Raising concerns over adversarial courtroom proceedings in rape case, rights activists have demanded the government revoke the character evidence provision in the Evidence Act-1872, which allows the defence in a rape case to show that the victim was of generally immoral character in order to impeach her creditworthiness in a court.
They raised the demand at a meeting styled “Use of Character Evidence in Rape Prosecutions in Bangladesh,” organised by Bangladesh Legal Aid and Services Trust (BLAST) at the Daily Star centre in Dhaka on Sunday.
The activists also urged the government to formulate a “rape shield” law to prevent disclosure of information about victims’ morality and sexual history during trial and to protect privacy of complainants in the court.
They, however, agreed that since the colonial era, the law has enabled the prosecution to question validity of complaints raised by victims.
Addressing the event, Special Public Prosecutor Ali Asgar Shapan said rape victims are further stigmatised by Section 155(4) of the Evidence Act 1872, which allows the defence to ask questions using offensive words.
Anthropologist Dr Dina M Siddiqui said: “Attention should be given to what a victim says. We need to focus on whether it [rape] takes place with or without her consent and on her previous sexual experience and DNA tests.”
Rights activist Sultana Kamal moderated the meeting presided over by former Justice Nizamul Haque.
Among others, lawyer and rights activist Barrister Sara Hossain, member of National Human Rights Commission Nurun Nahar Osmani and former judge Lutfa Begum of the Women and Children Repression Prevention Special Tribune also spoke.
Thursday, April 25, 2024
