Sex in 'Temptation of Marriage' Rape or Cheating?

Many people think that the definition of rape should be changed for adults in the case of the 'temptation of marriage'. Permission to marry a rape victim is also being renegotiated with a high court order.

Although the law in Bangladesh has recently been amended to provide the death penalty for rape, the definition of rape remains the same. Section 9 (1) of the Prevention of Violence against Women and Children Act states: If he has sexual intercourse with a minor woman with or without his consent, then he is considered to have raped the woman."

It is clear in this law that if a woman is under 18 years of age, even if she has consented, it is rape. Because then women is not adult yet. She does not have the power to make independent decisions. But in some cases, there are still questions about adults.

Supreme Court lawyer Ishrat Hasan said, "The issue of coercion is absent here. In the case of love, when there is a physical relationship based on mutual consent, it is not rape. But later when the marriage vows were not kept, a rape case is filed. In my opinion, it is a deception. I think the law should have an explanation and a separate punishment."

"It has also been clarified in the judgment of the Indian court," she said. ''There it is clearly stated that if there is physical intercourse in mutual consent about love, it will not be rape. We also hope that in any case, the court will give directions in this regard or the law will be amended."

Elena Khan, a human rights activist and chief executive of the Human Rights Foundation, said: ''In my opinion, it is not rape. There are provisions in the penal code of Bangladesh for the trial and punishment of such frauds. But since it is rape under the Women and Child Abuse Prevention Act, no one sues under that section of the Penal Code except filing a rape case directly."

According to Section 493 of the Penal Code, if a person fraudulently convinces a woman to marry legally, but the marriage is not legal at all and he has sexual intercourse with the woman, the offender will be sentenced to a maximum of 10 years rigorous imprisonment or fine. Lawyer Ishrat Hasan said the law could be considered at the time of filing a case or charge sheet.

Married to a rapist

Meanwhile, on October 22, the High Court bench of Justice M Enayetur Rahim and Justice Mostafizur Rahman has allowed the marriage of a rape victim to a convict sentenced to life imprisonment in a rape case. The accused has been in jail for 12 years. The court allowed her to get married at the jail gate without bail.

In 2011, when the girl was 14 years old, the accused had sexual intercourse with her with the promise of marriage. He denied the promise of marriage when the girl became pregnant.

After the matter was not resolved through arbitration, a rape case was registered on October 25 of that year. On June 12, 2012, the Rajshahi Women and Child Abuse Suppression Tribunal sentenced the accused to life imprisonment and fined him Rs 50,000.

Deputy Attorney General. Sarwar Hossain Bappi said the accused appeared in the high court on October 22 through a lawyer and wanted bail to marry the woman now. The woman was also informed of her consent to the marriage. They also have a child. The accused also admitted his paternity in court. The court directed the jail superintendent to arrange the marriage at the jail gate without bail. Bail will be considered after marriage.

"The rape case is not negotiable," the deputy attorney general said. However, the High Court has the power to make any legal decision at its discretion.

"The sentence of the accused in the rape case is still in force here. He was not granted bail. Only marriage has been allowed at the jail gate. I think the court order is good, " he said.

Without elaborating, Advocate Elena Khan said, "I cannot accept the marriage of a woman with the same men who raped her. The social balance is lost. Because the accused can agree to the marriage just to survive. If he got married, he could have got married earlier. And why should a woman resort to such deception to marry a man when the opportunity arises? "

Shee also said that the marriage of a raped woman to a rapist could create a new psychological crisis in women.

The girl was 14 years old when she was physically involved in the marriage vows. As she was a minor at that time, her consent is not considered as consent in any way.

Advocate Ishrat Hasan said, "It is not yet clear to me in what context the High Court has passed the order. It will be understood when the whole order comes out. It would not be right to talk about it before that. However, in general, a rapist cannot marry a woman who has been raped. It cannot be compromised."

"There is no barrier to getting married in general," he added But this is not a normal marriage So there's a lot to think about."

Source: DW Bangla