During the Liberation War

During the Bangladesh Liberation War in 1971, the Pakistani Forces and Razakar paramilitary forces systematically raped between 200,000 and 400,000 Bengali women and girls as part of their genocidal campaign.^[1][2][3][4] Both Bengali Muslim and Hindu women were targeted,^[5] with the perpetrators aiming to "cleanse" the nation of perceived corruption.^[6] Many victims suffered severe consequences, including pregnancies, abortions, and suicides, while others fled to India. This violence is one of the most extreme cases of wartime sexual violence,^[7] ending only after the surrender of the Pakistani military in December 1971.^[8][9]

Male rape

Under Section 375 of the Penal Code, 1860, the definition of rape is explicitly gendered, recognizing only men as perpetrators and only women as victims. The Nari O Shishu Nirjaton Daman Ain, 2000, however, protects boys under the age of sixteen; however, it does not recognize the rape of adult men.^[14] As a result, male victims of sexual assault seek legal recourse under Section 377 of the penal code, which criminalizes "unnatural offenses".^[15] Penetration is considered sufficient for defining carnal intercourse as an offense in this section. However, the lack of clarity regarding its definition and degree may allow offenders to evade accountability.^[16] Legal scholars have criticized Section 377 because it does not differentiate between consensual acts and non-consensual sexual assault, emphasizing that it was intended to criminalize homosexuality rather than to protect male rape victims.^[17]

In 2021, activists filed a writ to the Supreme Court, demanding the inclusion of male rape as a crime.^[18] In 2022, the High Court questioned why the definition of rape in the Bangladesh Penal Code had not been amended to provide legal protection for both male and female victims, and issued a rule to amend section 375 of the Penal Code to include "rape of males" and "rape of others" as a crime and punishable offence.^[19] However, there has been no progress on this issue since that time.^[14]

The penal code of Bangladesh also fails to provide legal protection to transgender, intersex, or hijra people who are victims of sexual assault.^[20]

Impact on female victims

Victims of child rape are mostly from marginalized socio-demographic backgrounds. Many of these victims live in rural areas and belong to economically disadvantaged families. Additionally, both the victims and their families face social stigmatization, which includes negative attitudes, social isolation, and societal pressure. This stigma can also restrict their access to formal education.^[32]

Victim-blaming culture is also an issue that blames the victim for her clothes, the place, the time, and who she was with.^[33] There is another stereotype that women who engage freely with men, work outside the home, travel at night, or defy societal norms should expect to be assaulted.^[34] Victims of rape often fear speaking up due to concerns about justice, procedural delays,^[19] and the risk of lifelong humiliation from their families, communities, and law enforcement, which is considered a major reason for the underreporting of such cases.^[35]

Sometimes rapists from influential backgrounds may use their political power to force the victims to withdraw their cases.^[36] Another issue is rape marriage, where arrangements are often made across the country through village arbitration or family negotiations. Girls who are forced to marry their alleged rapists through these informal settlements frequently face further abuse, divorce, or unstable marriages. Some families said that they agreed to these arrangements out of fear of social stigma. Parents of adolescent and young girls who became pregnant as a result of rape stated that there was "no option but marriage.^[37]

Impact on male victims

The legal framework surrounding rape has been worsened by societal stigma related to masculinity and victimhood. The belief that men cannot be violated due to perceived biological superiority leads to disbelief from law enforcement in reported cases.^[38] This stigma prevents male victims from disclosing their experiences, isolating them from seeking justice. Additionally, the legal code does not recognize male rape victims as part of the defined "victim groups", leaving them without targeted services or support.^[39]

Men are generally less likely to report incidents of rape. Tania Haque, a professor at the University of Dhaka, has identified the "masculinity crisis" as a contributing factor. She explained that many men feel that being raped challenges their masculinity, leading to a sense of "loss of manliness".^[40] The "man up" attitude pushes men to hide their emotions and follow strict masculine norms, leading to shame and guilt for being victims. As a result, many instances of sexual abuse against men go unreported and unnoticed.^[19]

Male rape is often trivialized and dismissed as a joke in Bangladeshi society. A common stereotype suggests that "real men" are tough and able to defend themselves, which can make victims reluctant to speak out. Most male victims blame themselves. As a result, the trauma they experience can last a long time.^[14] Victims of such crimes frequently face humiliation and belittlement, with social media platforms flooded with "ha ha" reactions and mocking comments that worsen the survivor's trauma. As a result, society often struggles to acknowledge that men can also be victims of sexual abuse. Consequently, many male survivors opt to remain silent, fearing mockery. This is one of the primary reasons why male rape is underreported.^[41]