Will harsher punishment really reduce rape?

The gruesome Magura child rape has awakened the country once again. Protests have swept the streets, demanding prompt hanging of the rapists. 

In response, Law Adviser Asif Nazrul announced that the government is amending the Women and Children Repression Prevention Act to mandate that investigations into rape cases be completed within 15 days and trials concluded within 90 days. 

Additionally, the amended law will eliminate the possibility of granting bail in rape cases, even if the trial is not completed within the stipulated timeframe. The new provisions will halve the investigation and trial periods, which were previously 30 days and 180 days, respectively. 

This brings us to the question: will harsher, and now expedited, punishment really reduce rape? 

The assumption that harsher punishments, including capital punishment, deter rape is more driven by populist zeal than empirical evidence. 

As of now, at least 31 countries enforce the death penalty specifically for rape offences, not including nations where rape is treated as an aggravating factor in conjunction with other crimes. Despite India and Bangladesh both enforcing the death penalty for rape under specific circumstances, sexual violence remains relentlessly prevalent in both countries. 

In 2020, a woman in a remote southern village in Noakhali was brutally stripped and sexually assaulted by a group of men. The attack gained widespread attention when a video of the assault went viral. A massive anti-rape protest swept across the country. 

Later, Bangladesh introduced a significant legal amendment permitting the death penalty for rape convictions. However, as the record would show, it did not stop the rape incidents. According to Ain o Salish Kendra, in January 2025 alone, there have been 39 reported rape cases.

If we are to look at our neighbouring India, the statistics do not inspire hope. After the Nirbhaya incident, India, too, introduced the death penalty for rape—but it did not produce the desired effect at all. 

Around the time of the 2012 attack, police were recording up to 25,000 rape cases a year across India, according to data from the National Crime Records Bureau (NCRB). Since then, the annual number has largely remained above 30,000, except in 2020. The latest data from 2022 shows the number is higher than 31,000. 

'Amendments are meaningless'

"Even though the punishment for rape was earlier changed from life imprisonment to death, the incidence of rape did not decrease. On the contrary, it rose," Senior Supreme Court lawyer Ahsanul Karim told TBS recently. 

The deterrence theory assumes that fear of punishment discourages potential offenders, but in practice, this overlooks the socio-legal realities that perpetuate sexual violence. 

Academic research on criminal deterrence suggests that certainty of punishment is far more effective in reducing crime than severity. Studies in criminology have shown that when perpetrators believe there is a high chance of being caught and prosecuted, they are more likely to be deterred. 

However, in Bangladesh, the conviction rate for rape cases remains alarmingly low. The latest data is unavailable, but the most recent data from 2019 shows that the conviction rate is only 3%. 
Also, since the amendment on 17 November 2020, only two cases have resulted in convictions, and 15 perpetrators have been sentenced to death. 

This emboldens criminals, as the likelihood of facing punishment is minimal. 

The primary issue lies in the lack of implementation of laws and the inefficiencies within the justice system. Survivors of rape often face immense societal stigma, and legal proceedings are marred by delays, poor investigation procedures, and a lack of sensitivity from law enforcement. 

Karim explained that it was not possible to prevent rape by changing the law alone. "If the investigation is not completed or the trial is not held within this time, then what is the consequence? Will the case be dismissed? No. That means such amendments are meaningless. Not only laws but also their implementation should be emphasised."  

Rape victims require protection 

"Why do those who commit rape get away with it? One of the reasons is that the victims do not have protection. They are threatened and intimidated, so they ultimately move away from the trial process," Barrister Sara Hossain said.

Barrister Ahsanul Karim pointed out the ineffectiveness of various organs of the government, such as the Department of Women Affairs or Jatiyo Mohila Songstha, tasked with suppressing violence against women and children.

"What are their functions? No one knows. It is not clear whether they are accountable at all. That is why it takes a long time for rape allegations to reach the trial stage. Again, after being tried in the lower court, they get tangled in cases in the high court."

Another major flaw in the argument for harsher punishment is its effect on victims. 

Studies from India have indicated that perpetrators in cases of child sexual abuse, where the death penalty is a possible outcome, are more likely to kill victims to eliminate evidence and avoid arrest. 

Then there's the issue of social and cultural attitudes, which discourages, if not outright deters, victims from filing cases. Families often discourage survivors from filing cases due to fears of social ostracisation. Moreover, victims of rape in conservative societies, such as ours, need to absorb rampant victim-blaming from individuals to even perhaps courtrooms. 

In Bangladesh, many cases never reach the courtroom because the victims' families settle outside court due to social pressure and threats from perpetrators. This means harsh laws are counterintuitive if the system fails to ensure rape trials are fully conducted in the first place.

Rezaur Rahman Lenin, a human rights activist and researcher, said, "Most often, the perpetrators are influential people, and they scare the victim and her family. So, the victim doesn't dare to speak up. Unless there is a strong witness protection system, there is no way to ensure justice." 

Would speeding up a broken system help?  

Even if the death penalty exists, if rapists are not convicted due to poor investigations, lack of evidence, or pressure on victims to withdraw cases, harsher punishments remain ineffective in preventing crime.

Barrister Sara Hossain, a prominent legal expert and human rights activist, reiterated.

She recently told TBS, "If the investigation is carried out in such a short time, it may not be done properly. Reducing the investigation and trial time raises doubts about how effective the trial will be." 

She said more than reducing time, it was important to track rape cases properly.

Investigations are often conducted poorly, with inadequate forensic infrastructure and law enforcement personnel lacking training in handling sexual violence cases. 

Moreover, when there is a deadline to finish the investigation and conduct a trial, it can sometimes lead to wrongful convictions. Also, academics and anti-capital punishment activists have long pointed it out that there's the risk of executing an innocent person under the death penalty for rape in the absence of fair trials, a common concern for the death penalty in general. 

Rezaur Rahman Lenin said, "Rushing justice is not the way to ensure justice. It does not guarantee a fair trial. To ensure a fair trial and justice, law enforcement agencies must be given enough time to conduct a proper investigation. Otherwise, there is always a chance of wrongful conviction."

"Judiciary cannot be run by populism," he added.  

What are our alternatives?

An alternative approach is strengthening the rule of law and ensuring justice through effective legal mechanisms. This includes better forensic facilities, trained police officers, rape crisis centres, and legal aid for survivors. 

In our current climate, the law and order situation has to be improved, for its absence is encouraging the culprits. "Such incidents [of rape and violence against women] are increasing because the government is completely incapable of maintaining law and order. The rape incidents in Magura or Thakurgaon have now shocked everyone," Supreme Court lawyer and human rights activist Barrister Jyotirmoy Barua recently told TBS.  

"[However] earlier, there were incidents of spitting on women and pulling their veils. Again, the criminals have become brazen because those involved in these incidents could not be brought to justice immediately." 

"If we cannot establish women's autonomy over their bodies, appearance, and choices, and if we cannot recognise women as equal participants in society, we will not be able to eradicate rape. Many critical issues need to be addressed if the government is genuinely sincere about preventing rape and providing justice. Otherwise, by [only] promoting harsher punishment as a 'magic bullet', the state demonstrates a lack of sincerity in tackling the problem."

Dr Nasrin Khandoker, an anthropologist and postdoctoral researcher at the University College Cork

He said that changing laws alone would not yield results; rather, the government should show its spine. "The police must be made stronger and more efficient. Along with speedy justice, they must also work hard on prevention," he said.
Countries with strong institutions and high conviction rates, such as Sweden and Canada, have significantly lower rape rates despite not having the death penalty. A study from the UNODC highlights, "Countries with higher conviction rates and survivor support programs tend to report lower incidents of sexual violence compared to those relying on punitive measures alone."

Sometimes, capital punishment for rape reinforces patriarchal notions of chastity and honour. One of the primary rhetorics in supporting capital punishment for rape' is that 'When the crime is worse than murder, and murder justifies the death penalty, then, of course, rape should be punishable by death'.

That is why addressing the root causes of rape—gender discrimination, lack of sex education, and normalisation of violence—must be a priority.

Dr Nasrin Khandoker, an anthropologist and postdoctoral researcher at the University College Cork, said, "Feminists have long argued that harsher or more sensational punishments do not effectively contribute to eradicating rape. Rape, being the most extreme form of sexual harassment or assault, is rooted in patriarchy, which denies women autonomy over their bodies. The assumption that being raped is the same as death is problematic and sexist, upon which the logic of capital punishment is established." 

"This issue begins with the denial of women's sexual agency and desire, ultimately leading to a broader denial of their rights. If we cannot establish women's autonomy over their bodies, appearance, and choices, and if we cannot recognise women as equal participants in society, we will not be able to eradicate rape." 

She added, "There are many critical issues that need to be addressed if the government is genuinely sincere about preventing rape and providing justice. Otherwise, by [only] promoting harsher punishment as a 'magic bullet' for preventing rape, the state demonstrates a lack of sincerity in tackling the problem." 

Dr Nasrin also explained how "the demand for harsher punishment may satisfy popular sentiment and gain the government some political credit, but it ultimately distracts from addressing the root causes of the issue. So the measures need to be taken sincerely to ensure that the raped women can have a normal life. And the harms can be mitigated."