Exercise foresight in reforming laws on sexual violence

We agree with experts and rights activists that when it comes to legal reforms concerning sexual violence, the government should not yield to populist pressure. Quick fixes have little chances of success in preventing crimes against women and children. Even the introduction of the death penalty for rape in 2020 did not lead to a higher conviction rate; rather, it often delayed the trial process, according to experts. The Awami League government implemented the change when thousands took to the streets demanding justice for the gang rape of a woman in southern Bangladesh. In criminal cases, guilt must be proven beyond a reasonable doubt. But when death penalty is the maximum sentence, the burden of proof becomes heavier, which in turn stalls the legal process.
What brings up this conversation is the fact that the interim government, in response to protests demanding justice for the rape and murder of an eight-year-old, recently set a 15-day deadline for rape investigations and a 90-day limit for trials. What made the government think that merely shortening the timeframe would yield better results when cases remain unresolved even within the current 180-day limit? As experts pointed out at an event on Wednesday, numerous other urgent reforms are needed in the Women and Children Repression Prevention Act, 2000. These include expanding the definition of rape to include all genders, an important change given recent incidents involving young boys and men. Then there is the issue of sexual consent and setting a specific age threshold for it. This is important for a country like ours where 51.4 percent of women are still married before their 18th birthday.
Experts have also called for broadening the legal interpretation of "penetration," determining fines based on the severity of a sexual offence, and establishing state-run compensation funds for victims. Ensuring victim and witness protection is another crucial area requiring government attention. So, instead of merely shortening the timeframe for investigations and trials, the government should focus on establishing proper facilities and recruiting trained personnel to improve the legal process. We hope the law adviser will consider expert recommendations and prioritise sound legal reforms over populist measures.
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