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

ape. Even partial or slightest penetration with or without emission of semen and rupture of
hymen or even an attempt of penetration was sufficient to prove rape. Nor was the presence
of spermatozoa necessary to prove rape if there were other evidences including injuries on
genitalia and signs of violation and other symptoms were found.
The Suppression of Violence Against Women and Children, 2000 introduces harsher
punishments for rape and increases the age of consent from fourteen to sixteen. Where a
woman or child dies as a result of the rape, the perpetrator may be punished by death or life
imprisonment and a fine of one hundred thousand taka. 455 The law also specifies punishment
for each member of a gang in cases of gang rape and for attempts to cause hurt or death by
committing to attempting to commit rape. 456 Persons instigating or abetting offences under
this Act are punishable with the same terms of imprisonment and fine as the perpetrators. 457
Apart from the new offences and increased punishments in this law, it also introduces
institutional and procedural provisions. Offences under this Act can only be tried by the Anti-
Woman and Children Oppression Tribunal established in each district. 458 Hearings are
required to be held on a daily basis and trials completed within 180 days of the receipt of the
complaint failing which the accused can be given bail. 459 Trials can be held in camera and the
case will continue from the same point under a new judge if the sitting judge is transferred
with no obligation to re-examine witnesses. 460 Trials can also be held in the absence of the
accused under certain circumstances. 461 The law also makes procedures for recording
statements, calling witnesses and for actions against negligent investigation and delayed
medical examinations. 462 The law makes access to the tribunals simpler for victims and the
tribunal can issue a safe custody order if necessary and provide for a woman or child to be
kept at a specified place and in making such order is required to consider the opinion of a
woman or child in securing their welfare and interest. 463
Under the Indonesian Penal Code, the use of force or threat of force, to force a woman to
have sexual intercourse is punishable with maximum imprisonment of 12 years. 464 Where the
woman is unconscious or helpless, the punishment is nine years. 465 Where the rape results in
death, the maximum punishment is enhanced to 15 years. 466
Thailand’s law relating to sexual assault was amended in 2007 to broaden the scope of
sexual assault beyond male-female sexual assault. Thus, “whoever has sexual intercourse
with another person, being in the condition of inability to resist, by committing any act of
violence or by making such another person misunderstand himself or herself as another
person,” is punished with imprisonment between four and twenty years and fine. 467 The
amendments also clarify that the “sexual intercourse” referred to means “committing for
455 Section 9, Suppression of Violence Against Women and Children, 2000 (Bangladesh)
456 Ibid.
457 Section 30, ibid.
458 Section 26, ibid.
459 Section 20, ibid.
460 Ibid.
461 Section 21, ibid.
462 Section 18 and Section 32, ibid.
463 Section 31, ibid.
464 Article 285, Penal Code (Indonesia)
465 Article 286, ibid.
466 Article 291, ibid.
467 Section 277, Penal Code (Thailand)
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