Relevancy of Character as Evidence and Judicial Approach Towards Rape Victims

Abstract

In Bangladesh a numerous number of crimes has been committing every day among them most heinous crime is rape. Rape is a total attack upon the person which affects physical, psychological and social well being.Physically there is immediate danger of injury, mutilation or death. It is increasing day by day in spite of having specific laws regarding this.In reality, even in court after become a victim of rape, victim has to prove that she has a good character and incident occured against her will and without consent which indicated absolute burden of prove lied them.In stead of burden of prove a provision inserted in section 155(4) of Evidence Act, 1872 ‘when a man is prosecuted for rape or an attempt to ravish; it may be shown that the prosecutrix was of generally immoral character. As per such laws it can be said that Licentious", "hired" or "unchaste" women, prostitutes, or women used to sexual relations cannot be raped.Which clearly indicates that a complex situation has been made through this provison. Moreover, Court also taken the character as evidence of rape victim into serious consideration which may resulted them acquittal.In this circumstances a question can raise the relevancy of this provision under Eviden Act, 1872 and validity under Bangladesh Constitution.