Stigmatising rape pushes victims to settle out of court

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Udisa Islam
Published : 10:46, Apr 14, 2019 | Updated : 10:49, Apr 14, 2019

Representational image. Photo/India.comThe social stigma that is associated with rape more often than not leads to victims resorting to out of court settlements wiping out any chance they had at justice.

In many cases the victim ends up married to her rapist in order to ‘save their honour.’

Some are of the view that lawsuits are initially started as the trauma of the whole incident is still fresh but as the court proceedings in these cases are very long, the victims give up.

A school student in Tangail was allegedly raped when she went to visit an acquaintance. She was forced multiple times as the entire ordeal was taped to blackmail her. By the time cases were lodged, the girl was 19-weeks-pregnant and she now calls her rapist husband.

The victim says if the marriage didn’t take place she “wouldn’t be able to show her face in the society.”

A woman’s family in Rajshahi had to withdraw their case, leave their home and shift elsewhere because they feared that they couldn’t fight against influential locals.

The victim’s uncle said that their daughter had “already suffered whatever loss she could” and hence the families thought it would be best to settle the matter out of court so that she could “make a living out of the compensation.”

People familiar with the matter say that the cultural idea that a victim loses her honour when she gets raped is the reason why many do not come forward to seek justice.

“When we see that someone doesn’t want to give witness or the plaintiff has lost interest we understand that they have reached some kind of settlement,” says a government lawyer.

“In that case we consult with the court and make them pay a large compensation. The settlement is complete once the victim receives the money.”

However, Women and Children Speedy Tribunal lawyer Entajul Hoque says that there should be no settlements in these cases.

“There were cases when it was proved that the victim was gang raped but they still go for a settlement. This mostly happens when the girl isn’t financially stable,” he said.

He added that the state must strictly monitor that these cases don’t get settled out of court.

Human rights lawyers are of the view that the longer the justice is delayed, the more the victims are pressurised into settling, be it societal pressure or downright threats from her rapist.

Public Prosecutor Abdullah Abu told Bangla Tribune that the victims settle as more often than not they feel that the whole ordeal is embarrassing for them.

“They don’t really have anyone that can help them so they settle. The court can’t do anything either,” he said.

“The monetary transaction in case of out of court settlements is quite hefty,” he said and added that the cases of victim marrying their rapists are not that many.

Responding to queries on the matter, We Can Bangladesh National Coordinator Zeenat Ara reiterated that the social and cultural stigma behind honour being tied to rape is behind many of these atrocities being swept under the rug.

“The woman is being abused even after she marries her rapist. Divorces are happening but the sufferer and her family still put up with it,” she said.

She said that if there were more examples of victims fighting back then the practice of settling would go out and the sufferers would come forward to demand justice.

/st/up-hm/
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