Marital Rape Is Still A Blindspot In Bangladesh

In Bangladesh, a woman can be raped in her own home, and it won’t be considered a crime as long as it is shrouded in the drape of impunity called “marriage”. Bangladesh is ranked 4th globally for violence against women by intimate partners, according to the World Health Organization. Yet, a very major form of it, marital rape is almost never talked about, let alone be criminalised.

Many women have been taught to believe that it is their obligation after marriage to submit to their husband’s sexual needs, regardless of their own desires or consent. Over time, this belief becomes internalized in their brain, leading them to think they no longer have the right to their own bodies. This act of submission is often seen as a husband’s entitlement, something that has to be endured, no matter the emotional or physical cost. Marriage is seen as a contract for sexual activities with or without consent. This is mostly due to cultural norms. In a patriarchal society, marriage is often seen as a woman’s ultimate duty. The notion of a wife refusing sex to her husband is still considered taboo. Fear of social stigma often prevents women from speaking out. Family members, too, silence them, leaving them trapped in abusive relationships.

Even if a victim shows enough courage to speak out, the judiciary does not help either. Marital rape is not considered a crime assuming that marriage grants a man unchallenged sexual access to his wife. Such an outdated perspective tries to invalidate the sexual abuse women experience in their own homes. When a woman is subjected to sexual violence by her husband, the law offers very little protection.

Women who experience this type of sexual violence at the hands of their husbands often carry invisible scars and suffer from long-term trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). The lack of legal acknowledgment and support exacerbates these effects, as women feel isolated and abandoned by both their families and the country. The inability to speak out or seek justice compounds their suffering, forcing many to live in fear and silence. These psychological scars, coupled with the absence of accountability for perpetrators, reinforce a cycle of abuse that can span generations.

Historically, rape was not regarded as a crime against the woman herself but rather as an offense against her husband after the marriage or father before the marriage. This way of thinking reflected that women were essentially considered property that somehow belonged to a man. This patriarchal notion tied a woman’s value to her relationship with a man, meaning rape was seen just as a violation of male ownership. Later, societal attitudes shifted, and rape began to be seen less as an offense against a man’s ownership and more as a stain on a woman’s “honour” or “purity.”

However, this perception too further reinforced the objectification of women, treating them as extensions of male dignity rather than as individuals with inherent rights. In many places, remnants of this thinking continue to influence attitudes toward sexual violence even today. It is only more recently, with modern feminist movements and the development of human rights, that rape is increasingly seen as a violation of a woman’s dignity, and bodily integrity, independent of her relationships with men.

The judiciary in Bangladesh provides men with a form of immunity when it comes to marital rape. The boundaries of consent do not exist in the eyes of the law. This legal protection shields men from being held accountable for any non consensual sexual activity within marriage. This leaves women vulnerable and unprotected from the very institutions that should be safeguarding their rights. This lack of legal recognition allows abuse to continue unchecked, pushing women further into systematic silence and isolation.

The laws relating to rape are given in sections 375 and 376 of the Penal Code of Bangladesh. This code is based on the Indian Penal Code, a legacy of the Victorian era when women were regarded as the property of the husband and had no legal rights over their bodies. This outdated legal framework continues to uphold patriarchal norms that view women as subordinates in marriage, ignoring modern understandings of consent and gender equality.

The fact that such a law still governs sexual abuse reflects how deeply entrenched patriarchal values remain in the legal systems of Bangladesh. This archaic law grants husbands legal immunity to unrestricted access to their wives’ bodies once married. Even if a woman manages to come forward and voice their experiences of abuse, they are met with a judiciary that is unable to acknowledge the violation. As a result, the legal system leaves women trapped in abusive marriages, with no recourse for justice.

Section 375 of the Penal Code defines rape and its exception. According to the exception of this section, sexual intercourse by a man with his own wife, if the wife is not under 13 years of age, is not considered rape. Therefore, the Penal Code explicitly excludes non-consensual sexual intercourse by a husband with his wife above 13 years of age from the definition of rape. Additionally, Section 376 deals with the punishment for rape, with penalties varying depending on whether the victim is married or not.

In the case of marital rape, Section 376 states that a husband who rapes his wife may be punished with up to two years of imprisonment, a fine, or both if the wife is under 12 years old. This punishment is significantly less severe than that imposed for rape committed by someone other than the husband. It is deeply unfortunate that Sections 375 and 376 of the Penal Code of Bangladesh inherently provide protection to husbands who force their wives into sex. The limit being set to just 13 years old, further shows how deeply problematic the entire law is.

The lack of laws criminalising rape within marriage and the absence of legal protection for victims is a gross violation of human rights. Bangladesh has made a commitment to international human rights conventions, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). By failing to criminalize marital rape, Bangladesh is failing to uphold its obligations under international law to protect women from violence and discrimination. This failure perpetuates gender inequality, with women continuing to be treated as second-class citizens in their own marriages, in their own countries, lacking the basic rights of consent and freedom from violence.

Proving marital rape, however, presents a different set of problems due to the private nature of the crime. Unlike cases of rape by strangers, where physical evidence and witness testimonies might be easier to gather, marital rape often lacks external witnesses. Victims may avoid reporting their cases due to fear of social repercussions or a lack of legal protection. Physical evidence, such as injuries, may be present, but the psychological and emotional damage is often less visible.

Medical findings, detailed documentation of injuries, and psychological assessments-all these can give very important evidence. Any form of communication where the perpetrator acknowledges the assault or threats can serve as evidence. However, for these to be gathered, women need to be made aware of their rights first. Most are not even aware of the concept of consent and how this is a form of rape even when it is done by their husband. The first step, whether it is by Human Rights Group or NGOs or feminist groups, is awareness and Bangladesh is still very much lacking in that department. Counseling services, legal aid, and the availability of shelters can also support the woman’s pursuit of justice, though much still needs to be done to make these resources accessible and effective in marital rape cases.

Another issue here is that in countries where marital rape is illegal, most people are unaware of these laws. In some parts of the world, these laws are relatively new and rarely enforced, leaving large parts of the population in the dark about their existence. Deeply rooted traditional norms around marriage further complicate this, as many people don’t yet recognize that forcing a spouse to have sex is not only morally wrong but also illegal. An Amnesty International report noted that even though marital rape is an offence in Hungary, a 2006 poll of nearly 1,200 revealed 62% did not realise it was illegal. In Hong Kong, 40% of women were unaware of the illegality of marital rape even 16 months after its criminalisation. In fact, in South Africa, where marital rape was criminalised in 1993, a 2010 study disclosed that only 55% of its respondents believed that a woman could indeed be raped by her husband. This widespread lack of awareness only deepens the struggle for justice and protection for victims of marital rape.

Ashfaq Amin Srabon

The author is a business undergraduate at the University of Rajshahi, who enjoys reading Albert Camus and listening to the Velvet Underground. A failed musician by choice (or fate), he now writes as a desperate attempt to turn his loneliness into literature.