In response to campaigns for perpetrators of recent cases of extreme sexual violence to be  ‘brought to justice’, the Bangladesh government proposed an amendment to section 9(1) of  the Suppression of Violence Against Women and Children Act 2000, which would introduce  the death penalty as a punishment for single-perpetrator rape. The crime of rape was  previously punishable by death but only in the context of multi-perpetrator rape and where  a victim died as a consequence of single-perpetrator rape.  

The Anti-Death Penalty Asia Network (ADPAN) shares the outrage expressed by the  community in relation to violence against women. We also recognise the need for justice in  response to the heinous nature of sexual crimes and their lasting and devastating impact on  victim-survivors.  

However, we are greatly concerned with the regional response to this issue. We have seen  nations give into the ‘temptati[on]’ of imposing ‘draconian punishments’ on those who  commit these ‘monstrous acts’.1 We have seen India extend the category of crimes attracting  the death penalty to include the rape of children under the age of 12.23 We have seen Pakistan  issue an ordinance for the amendment of the Women and Children Repression (Prevention)  Act so as to introduce the death penalty for crimes of rape of children and women with  aggravating factors,4 and we have also seen Pakistan put forward proposals of chemical  castration, televised hangings and making the crime non-compoundable.5 These proposed  legislative changes, and those proposed by Bangladesh would be in violations of international  standards under the Conventions against Torture and Other Cruel, Inhuman or Degrading  Treatment or Punishment, and breach the rights afforded by the International Covenant on  Civil and Political Rights.  

The imposition of the death penalty will only contribute to further violations of human rights  without addressing—the underlying failures and weaknesses of the criminal justice system for sexual offences. We urge the Bangladesh government to consider an approach which is  both survivor-centred and responsive to underlying structural and societal concerns.  

There is no evidence to support the claim that the death penalty will be an effective deterrent  to rape in Bangladesh and the broader region. The likelihood of conviction and punishment  has been proven to be a greater deterrent than the severity of the penalty itself. Available  data suggests that there is only a 3% conviction rate for cases of violence against women and  children in Bangladesh.6In contrary, statistics from countries that have abolished the death  penalty show that conviction rates for crimes punishable by death actually rose after the  death penalty was abolished7. The discrepancy indicates that there are more impactful means  of addressing sexual offences beyond the death penalty. 

Imposing the death penalty for perpetrators of rape will not address the main impediments  to victim-survivors achieving justice. The introduction of the death penalty will likely further  deter victim-survivors from disclosing incidents. Victim-survivors who come forward are  already subject to a high degree of shame and scrutiny from their communities, throughout  and following the investigation and court process. This is further compounded by the nature  of the sexual offences involving associates or in some cases, close associates of the victim survivors, creating additional barriers against reporting of the rape. In other countries, such  factors have resulted in a reduced number of successful cases where there is a conviction  against the perpetrator. 

Introducing the death penalty will only exacerbate this issue, as death penalty cases involve  more victim scrutiny through extensive Court processes and attract more media attention.  Furthermore, the prospect of being blamed for the offender’s death, especially when it  involves an individual known to the victim-survivor would likely act as anadditional barrier  for victim-survivors in disclosing incidents.  

ADPAN acknowledge the Government of Bangladesh’s commitment to delivering justice to  rape victim-survivors but strongly urge the government to address the underlying flaws of  existing criminal justice system and not introduce mechanisms that have no impact in  deterring future crimes Reforms should revolve around empowering victim-survivors and  encouraging the pursuit of criminal prosecution against perpetrators by removing stigma and   providing specific legal and medical services for victim-survivors throughout the criminal  justice process. 

We also urge the government of Bangladesh to consider including all victims, male or female,  as well as marital partners, in the definition of rape, prohibiting character evidence and  training courts and police to interact with rape victim-survivors more appropriately. ADPAN  urges the Government of Bangladesh to take this opportunity to lead the Asia region on this  matter and implement meaningful policy changes that will make Bangladesh a safer place for  victims-survivors of sexual violence. 

Death penalty for rape will not deliver justice. Justice can only be achieved when victim survivors are provided the necessary support and perpetrators are convicted for their crimes. 

1. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26379&LangID=E 
2. https://www.bbc.com/news/world-asia-43850476
3. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26379&LangID=E. 
4. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26379&LangID=E
5. https://www.thenews.com.pk/print/716494-government-considering-death-penalty-for-rape offenders
6. https://www.dhakatribune.com/bangladesh/dhaka/2019/11/26/only-3-convicted-for-rape-in-bangladesh