Boy Rape Case: What Does the Law Say?

In Bangladesh, child rape has increased at an alarming rate> Recently.  Multiple boy rape cases were filed in a madrasa in Chittagong. But what is the remedy in law? Can a rape case be filed in this matter?

Section 9 (1) of the Prevention of Violence against Women and Children Act states that if a man obtains the consent of a woman over the age of 1 [sixteen] without marriage, without her consent, or by intimidation or fraudulently obtaining her consent, or  If he has sexual intercourse with a woman under the age of 16 with or without his consent, then he is considered to have raped the woman.

However, the definition of Section 2 (k) of the Act states that "child" means a person not exceeding 18 years of age.

No gender division of children has been done here. But the definition of rape is 375 of the Penal Code states that only women of any age can be victims of rape.

Supreme Court lawyer Ishrat Hasan said, "There was a misconception that under the Women and Child Abuse Prevention Act, only women and girls can be tried for child rape. But in the definition of this law, boy or girl is not separated. All children up to 16 years are meant to be. The Children's Act also did not divide any gender of children. Therefore, if a boy child up to the age of  16 is a victim of rape, then it is considered rape with a maximum punishment of death penalty."

What is the solution to the definition of rape in the penal code, which means only women of any age? In response, Advocate Ishrat Hasan said, "No matter what the penal code says, the law against violence against women and children will prevail."

Section 37 of the Penal Code deals with unusual crimes. According to that section, sexual intercourse outside the natural law has been considered a crime. There is a minimum of 10 and a maximum of life imprisonment for having sex with a man, woman or animal outside the natural law, voluntarily or by force.

There was a tendency to sue under the Penal Code for child rape. But the police headquarters has clearly instructed that if a child of any gender is raped or raped for up to 16 years, a rape case must be filed under the Women and Child Abuse Prevention Act. Walid Hossain, deputy commissioner (media) of the Dhaka Metropolitan Police, said, "The law refers to all types of children. So even though boys are victims of child rape, now we are filing rape cases under the Women and Child Abuse Prevention Act. There are no exceptions. "

Madrasa teacher Nasir Uddin, who was arrested for raping a child in a madrasa in Chittagong, has also been charged under Section 9 (1) of the Women and Child Abuse Prevention Act, said Rangunia Circle ASP Md. Anwar Hossain. He said, "A rape case will be filed no matter any girl or boy up to 16 years of age becomes a victim. But if the boy is over 18 years old, there is no chance of a rape case."

Lawyers said the case was filed under Section 37 of the Penal Code if the boy was over 18 years of age. In this section, the same offense is committed even if it is not forced voluntarily. But they think it is a weakness of the law. They say adult men can also be victims of rape. Not only women but also men can be victims of rape. Tuhin Hawlader, a senior lawyer at the Dhaka Judge's Court, said, "That's why new laws can be made. Or the law can be amended by adding the word male to the definition of rape in the penal code. But in order to do that, lawyers need to be consulted in detail."

Lawyer Ishrat Hasan also thinks that the definition of rape needs to be changed. According to her, both men and women can be victims of rape.

Source: DW Bangla