Bangladesh to ban 'immoral character' evidence in rape cases

Bangladesh to ban ‘immoral character’ evidence in rape cases

Experts say the Evidence Act, a 19th-century relic of British era, has been routinely used to discredit the survivors’ testimony.


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A student in Dhaka holds a black flag to protest against an alleged rape in Noakhali district, Bangladesh [File: Rehman Asad/AFP]
Published On 15 Mar 202215 Mar 2022

Bangladesh will ban questions probing the “immoral character” of rape victims in criminal cases, authorities say, after a long campaign by rights groups against humiliating interrogations of traumatised survivors. Experts say the country’s Evidence Act, a 19th-century relic of the British colonial era, has been routinely used to discredit the testimony of survivors during court cross-examinations and police investigations.



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


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Demonstrators hold candlelight vigil demanding justice for in a rape case, in Dhaka [File: Munir Uz Zaman/AFP]

Justice minister Anisul Huq said Prime Minister Sheikh Hasina’s cabinet has 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 would be banned, with parliament expected to formalise the decision by June.“This is another step towards empowerment of women,” he said.

Prominent activist Nina Goswami of the local Ain o Salish Kendra rights group hailed the move as a “remarkable achievement”. She said character evidence had hindered justice for decades, with many survivors deciding not to 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 (BLAST) said character evidence had been used to cast doubt on victim testimony, making it difficult to secure guilty verdicts.


https://www.aljazeera.com/news/2022/3/15/bangladesh-to-ban-immoral-character-evidence-in-rape-cases