Reforming Rape Punishment in Bangladesh: A Comparative Overview

Abstract

Rape is a crime in our society and country taken a severe form and spreading day by day like a virus. There are legal provisions for punishment of rape in Penal code and special laws. Convicts are subject to capital punishment according to the laws in force. Notwithstanding that the rate of rape incidents is increasing at a scary rate. So why would there be increasement of a particular crime in award of which capital punishment is imposed? The answer can be lack of effectiveness and improper implementation. In this research I will try to figure out and show that rape crime cannot be reduced or removed from our society just by giving the convicts highest grade of punishment. Rape criminal needs effective form of punishment and the trial must proceed with 100% clear motive to penalize the offender and get the victim proper justice. Methods and way of collecting evidence, nonpersuasive statement from the rape victim, speedy trial in court etc. shall be discussed in this research work. Applying retributive and deterrent theory of criminology in determining the punishment of a rape criminal shall also be discussed. Besides imposing of effective punishment another most important matter in a rape incident is the victim. In our justice system one of the biggest complaints is that the rape victims don‟t get the proper justice and remedy. In my research work I will try to show that more effective remedies for a rape victim can be awarded by our justice system. In determining all the aspects mentioned above I will analyze and refer some effective form of punishments and effective remedies for rape incidents in developed countries and in addition to that my personal findings will be given in this research work.