Rape and other sexual crimes are largely misunderstood because people refuse to understand or fail to understand why they are crimes in the first place. From time immemorial, rape is vilified for robbing a woman of her 'honour', 'dignity' or worse 'chastity'. Section 375 of the Penal Code 1860, introduced during British rule, forms the basis of rape laws in Bangladesh. It lacks a clear definition of consent and fails to address the crime's impacts on the victims. Despite four amendments by three different governments, the latest in 2022 added the death penalty for gang rape or rape resulting in the victim's death, alongside life imprisonment or up to 10 years in prison.

According to a report by Oleos Justice, Monash University, Anti-Death Penalty Asia Network (ADPAN) and the SAME Network, A Deadly Distraction: Why the Death Penalty is Not the Answer to Rape in South Asia, many rape victims are assaulted by people they know which is why laws that provide for death penalty, discourage victims from reporting the crime (especially in cases where it could result in a family member's execution). Thus, the death penalty for rape risks further decreasing the already low reporting rates of this crime. Furthermore, according to recent studies reveal how death penalty fails to be an effective deterrent. This is because convictions increase when the punishment is of life imprisonment. In fact, death penalty diverts resources from more effective measures that could actually treat the root causes of the crime. Furthermore, a study by Equality Now and Dignity Alliance International in 2021 found that rape survivors value a justice system that includes speedy trials, certain convictions, sensitivity, accountability, and societal change, rather than the death penalty. They seek to reclaim their dignity and honor in a society that otherwise stigmatises and further victimises them. It is not harsh penalty (be it death or imprisonment for life) but a fair process that helps the victims feel vindicated, is needed.

The underlying factors driving crimes against women remain inadequately studied and appreciated due to societal discomfort in discussing gender-based violence, but general crime literature suggests that economic, educational, social factors all play a role in shaping the context within which rape happens.

Although the law imposes a hefty price (punishment) for the rapist, most rape cases are settled out of court upon providing 'compensation' to the complainant. The amount is set by society, based apparently on the socioeconomic background of the victim. The value of harming a woman, or as Simone De'bauvoir would call the "second sex", is again determined by the men. This is in fact the economic factor that steers the aftermath of the offence of rape and our policy-legal landscape has nothing to offer women so that they feel confident in pursuing the due process of law, instead of out-of-court settlement.

The earliest educational models suggested that crimes and works were substitutes of one another meaning increasing availability of jobs and better wages had a disproportional effect on the occurrence of crime. Lochner argued that higher levels of education reduce crime by increasing earning potential and fostering moral development.  Indeed, education has a sort of "civilizational effect" which improves a person's moral stance and thus reducing crime. All our advocacy-activism work in isolation. Our advocacy strategies to curb employment for instance do not really engage with those directed at addressing gender-based violence.  Also, our educational system as a whole does not mainstream or institutionalise gender-based violence or sensitivity towards women. Lack of an overarching approach to deal with gender-based violence through education, social attitude towards the women remain the same.

Rape's gravity lies not in the patriarchal notion of a woman losing her chastity but in the severe violation of an individual's bodily and mental autonomy and integrity. Such violations extend beyond forced sexual penetration and represent a broader assault on personal dignity, freedom and identity.

Indeed, justice is not a rapist getting hung by the neck, it is girls going on public transport without having the constant fear that they are going to be harassed, it is women being able to walk alone at night and having liberty. Justice is a mother waiting for her daughter late at night without the worry that her child may get raped. Justice is women walking to the police station without fear and choosing to pursue legal process instead of a compromise.

The writer is student of law, University of London.