SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

harassment, the Indian Supreme Court laid down broad parameters to assist victims of rape in
Delhi Domestic Working Women’s Forum v. Union of India 451. These are as follows:
1. The complainant of sexual assault should be provided with legal representation, it
being important to secure continuity of assistance by ensuring that the same person
who looked after complainant’s interest in the police station represents her up to the
end of the case.
2. Legal assistance should be provided at the police station as the victim would be in a
state of distress
3. The police should be in a duty to inform the victim of her right to representation
before any questions are asked of her and the police report should state so.
4. Victims who do not have their own lawyers should be provided with a list of
advocates at the police station.
5. The advocate shall be appointed by the court upon application by the police at the
earliest convenient moment.
6. In all rape trials anonymity of the victim must be maintained as far as necessary.
In addition, a witness protection programme must be put in place intended to provide support
to the woman during the trail. Such a programme will also prevent the perpetrator from
getting to the woman and forcing her to withdraw her complaint.
Rape is covered by Sections 375 and 376 of Bangladesh’s Penal Code. Rape under the
Bangladeshi Penal Code is sexual intercourse by a man against a woman when it is 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 or 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, with or without her consent, when she is under
fourteen years of age. Penetration is sufficient to show rape. The provision exempts marital
rape as discussed below. The punishment for rape is life imprisonment or imprisonment that
may extend to 10 years and fine.
In Al-Amin v. The State 452 the High Court Division held that corroborative evidence was not
an imperative component of judicial credence in every case of rape and that the testimony of
the victim of sexual assault was vital and unless there were compelling reasons which
necessitated looking for corroboration of her statement, the court should find no difficulty in
acting on the testimony of the victim of a sex crime alone to convict an accused where her
testimony inspired confidence and was found to be reliable. In Badal and another v. The
State 453 the court also held that the absence of injury marks was not necessary to prove rape.
From the oral evidence and from the facts and circumstances, it was clear that the informant
was raped on the night of occurrence by the appellants. Though on medical examination of
the victim no sign of rape was found and though no mark of violence was noticed on the body
of the victim, in view of the entire evidence on record it appeared that the victim was raped
by the appellants.
In State v. Shahidul Islam alias Shahid and others 454 the High Court Division of the
Bangladesh Supreme Court held that complete penetration was not essential to constitute
451 1995 (1) SCC 14
452 19 BLD (HCD) 307 (1999)
453 19 BLD (HCD) 527 (1999)
454 58 DLR (HCD) 545 (2006)
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