A critical analysis of how sexual violence against women is defined and addressed within existing legal instruments in Bangladesh

Abstract

Violence against Women (VAW) is considered a gender-specific human rights violation and is a form of discrimination that perpetuates women’s subordination and patriarchal structures throughout all levels of society. Research continues to demonstrate that the legal instruments dealing with sexual offences in Bangladesh have significant limitations and fail to meet international standards. This article identifies gaps between Bangladeshi domestic legal instruments and international legal instruments. In order to uncover and analyse the gaps, I employed thematic analysis techniques and a feminist legal theoretical lens. The findings of the study show that there are significant gaps and limitations regarding the conceptualisation of sexual violence, trial process, medical tests, variability of punishment, and protecting rights of victims in the present Bangladeshi legal instruments in comparison to the international instruments. This research provides insight into the alarming situation of sexual violence against women in Bangladesh and the problematic gaps within legal instruments in that nation, which governmental and academic authorities must consider if they are to be effective in preventing violence against women in Bangladesh.