An endless wait for justice for rape victims and survivors

Nine years have passed since Sohagi Jahan Tonu was raped and murdered inside the restricted Cumilla Cantonment on March 20, 2016.
The case filed for her murder was supposed to be resolved within 180 days. However, nine years on and there has been no significant progress.
Intellectually challenged Samia's (not her real name) fight for justice has dragged on for eight years, since she was raped by a neighbour in November 2016 in Bogura.
Meanwhile, the perpetrator served just three months before being granted bail.
In Noakhali's 2020 gang rape case, the convicted rapists are also out on bail, while the survivor Nasima (not her real name) lives in constant fear, with police protection withdrawn and public humiliation continuous.
A follow-up into the three cases shows prolonged delays, insensitive court practices and the absence of state compensation, leaving the victims and their families in a relentless struggle for justice.
The perpetrators, meanwhile, exploited systemic loopholes, securing bail or using influence, to evade accountability. They intimidated victims and their families or walked free without facing any real consequences.
A 2021 study by Manusher Jonno Foundation analysed 25 rape cases in Bangladesh from 2012 to 2016 and found that, despite rape being a non-bailable offense, the accused were granted bail within 15 days of their arrest in all cases.
In the Tonu murder case, though two autopsies failed to determine the cause of death, DNA tests confirmed Tonu was raped before being murdered -- sperm from three unidentified individuals were found on her clothes. However, none of the sperm samples matched that of any suspect.
The case, initially handled by local police, has bounced from the Detective Branch to the Criminal Investigation Department, and then to the Police Bureau of Investigation since 2020, with six different investigation officers. The latest IO PBI's Tariqul Islam.
"I've just taken over the case. The investigation is still ongoing," he said.
"There are still some requirements that need to be addressed, but once we progress, we'll make sure to update the media and the public."
Tonu's father Md Yaar Hossain, however, said, "This investigating officer doesn't even keep me updated. What kind of investigation is he conducting? When I call him, he acts annoyed. They should hand the case to someone else if they can't handle it.
"I desperately want to meet Dr Yunus…. I want to ask him why my case has been left to languish for so long."
Advocate Salma Ali, who visited the family, said, "They faced immense pressure and couldn't speak freely, even during our visit, as they were constantly monitored.
"High-profile cases may draw attention, but they rarely advance when powerful individuals are involved. With the new interim government in place, there is an opportunity to revisit the case and ensure justice for the family."
However, the former chairman of the National Human Rights Commission Dr Mizanur Rahman, said, "When I visited the site, the unnaturally clean and orderly state of the area where the body was found raised serious questions. The issue is clear -- critical evidence has been destroyed.
"When evidence is tampered with or erased, proving a crime becomes extraordinarily difficult. The court relies on evidence to deliver justice, and without it, the process is severely undermined."
Tonu's father said, "The case wasn't filed the way I wanted. My daughter went to Sergeant Jahid's house for tuition [on the day of the incident], but they listed unidentified persons instead."
Intellectually challenged Samia's father had to consider settling the case out of court for Tk 200,000 due to his financial struggles.
"But they [the perpetrators] offered only Tk 50,000, so I refused," he said, highlighting how low-income families often have to compromise on justice.
Women with Disabilities Development Foundation (WDDF) took up Samia's case, but systemic barriers made progress difficult.
"The first hurdle was obtaining the forensic report, which requires persistent lobbying to obtain, delaying the process," said WDDF founder Ashrafun Nahar Mishti.
"The court environment was not accommodating to Samia's disability and failed to meet her needs. The interrogation was offensive and traumatising…. The stress caused her to lose consciousness at one point."
A sign language interpreter from a local school for the disabled was appointed by the court.
"The interpreter wasn't familiar with Samia's communication style. An interpreter who understands her, like a family member, should have been provided", Mishti added
Former public prosecutor Naresh Mukherjee said, "The next court date is February 6. After the defence presents their arguments, the case may proceed to a verdict, but the accused has requested to present witnesses. If [the request is] granted, the verdict may be delayed."
Meanwhile, the accused continues to threaten the family, warning he will go to jail only after harming or killing them.
"My only son could be stabbed any time -- he [the accused] always carries a knife," the father said.
Even cases with quick verdicts under close monitoring of rights organisations' fail to ensure proper justice or improvements to victims' lives.
The Crime Victims Compensation Act, which recommended a district fund for victims of violent crimes, including rape, was proposed in 2006. However, it remains unaddressed since its submission in 2007, leaving survivors without state support.
After the Noakhali gang rape case received widespread media coverage, many falsely assumed the victim had received significant financial aid from the government or NGOs.
"In reality, I survive on Tk 5,000 a month from some women's rights activists in Dhaka," said Nasima.
"I had to pull my son out of college because I couldn't afford it. The former deputy commissioner had promised me cattle or a shop, but nothing ever came of it. The new deputy commissioner doesn't even let me meet him."
Nasima lives in a house provided by the local MP, but recent floods have taken that away too.
"My home was submerged…. All my goats and chickens died. I had to take shelter at my sister's house and came back to find I had nothing left."
Additionally, she can no longer earn a living through her previous work.
"Ever since they [the rapists] injured my head, I can't even thread a needle, let alone stitch quilts like I used to."
The three cases are reflective of the harsh reality survivors and families of survivors or victims (who were murdered after rape) must confront, with the legal system and societal prejudice that perpetuate an endless wait for justice.
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