Exploring the Impacts of Defining Rape as Nonconsensual Sexual Intercourse: The Need to Redefine the Offence

Abstract

This article explores the negative impacts of defining rape as nonconsensual sexual intercourse as articulated in the relevant laws of Bangladesh. It demonstrates that such a definition of rape encounters a number of difficulties in proving the offence and becomes a stumbling block to ensure justice for the victims of rape in Bangladesh and prosecute the actual rapists. Hence, many victims of rape are deprived of justice and the offenders go unpunished. Moreover, the existing non-consensual definition of rape often persuades the trial courts to pay attention to the conduct and attitude of the victim rather than that of the perpetrators and allows the defence lawyer to raise question as to the character of the victims. In order to overcome the shortcomings of the present definition, this paper argues for redefining the offence of rape as a forced sexual intercourse to put the rapist on trial, not the victim.