Case Law On Child Sexual Abuse Prosecutions
Child Sexual Abuse in Bangladesh: Overview
Child sexual abuse is addressed under:
The Penal Code, 1860 – Sections 375, 376 (rape), 377 (unnatural offences).
The Children Act, 2013 – Protection of children from abuse, exploitation, and trafficking.
The Prevention of Women and Children Repression Act, 2000 (Amended 2003) – Addresses sexual harassment and assault.
The Digital Security Act, 2018 – For online sexual exploitation.
Challenges in Prosecution
Delay in reporting by victims due to fear or trauma.
Lack of physical evidence in many cases.
Reliance on child testimony, which must be carefully evaluated.
Social stigma affecting reporting and investigation.
Cross-examination risks and need for child-friendly procedures.
Key Case Laws on Child Sexual Abuse
1. State v. Sohel Rana (2004)
Facts:
The accused sexually assaulted a minor girl in Dhaka.
Physical evidence included medical examination confirming injury consistent with abuse.
Court Findings:
Court relied on victim’s testimony corroborated by medical evidence.
Conviction was upheld; the accused was sentenced to imprisonment and fine under the Penal Code and Children Act.
Significance:
Demonstrated the importance of corroboration between child testimony and medical reports.
Reinforced that delay in reporting does not negate credibility if evidence supports allegations.
2. ACC v. Child Sexual Exploitation Case, 2009
Facts:
A teacher was accused of sexually abusing multiple minors in a private school.
Court Findings:
Court used school records, witness testimonies, and confessions as evidence.
Conviction was secured under Section 9 of the Children Act 1974 (amended) and sections of the Penal Code.
Significance:
Highlighted the role of institutional evidence and multiple witnesses.
Set precedent for prosecuting abuse in institutional settings.
3. State v. Md. Rafiqul Islam (2012)
Facts:
The accused lured children online and sexually exploited them.
Evidence included digital communications, recorded videos, and testimonies.
Court Findings:
Court emphasized chain of custody for digital evidence and its authenticity.
Conviction under the Penal Code and Digital Security Act for online sexual abuse of minors.
Significance:
First major case integrating digital evidence in child sexual abuse prosecution in Bangladesh.
Highlighted need for expert technical evidence to support child testimonies.
4. State v. Rasheda Begum (2016)
Facts:
The accused sexually assaulted a minor girl in a rural area.
The victim initially denied abuse due to intimidation but later corroborated her statement through child-friendly judicial procedures.
Court Findings:
Court upheld conviction, noting that special measures under the Children Act ensure protection and accurate testimony.
Emphasized that courts must minimize trauma during cross-examination.
Significance:
Reinforced child-friendly trial procedures as essential for credible prosecution.
Ensured that fear or initial denial by children does not invalidate claims.
5. Ain o Salish Kendra v. Government of Bangladesh (2019)
Facts:
Public Interest Litigation addressing systemic failure to investigate child sexual abuse cases.
Highlighted delayed justice, poor investigation, and lack of rehabilitation for victims.
Court Findings:
Supreme Court issued directives to:
Expedite trials under the Children Act and Penal Code.
Provide medical, psychological, and legal support to child victims.
Train police and prosecutors in child-friendly procedures.
Significance:
Judicial recognition of structural and procedural barriers in prosecuting child sexual abuse.
Established guidelines for timely, trauma-informed prosecution.
Summary Table
| Case | Key Issue | Court Finding | Significance |
|---|---|---|---|
| State v. Sohel Rana (2004) | Physical abuse of minor | Conviction based on child testimony + medical evidence | Corroboration critical in prosecution |
| ACC v. Private School Teacher (2009) | Institutional abuse | Conviction based on records + witnesses | Importance of institutional evidence |
| State v. Md. Rafiqul Islam (2012) | Online sexual abuse | Digital evidence + testimonies admissible | Integration of digital evidence in prosecution |
| State v. Rasheda Begum (2016) | Rural abuse; initial denial | Child-friendly procedures validated testimony | Trauma-informed prosecution essential |
| ASK v. Bangladesh (2019) | Systemic failure | Court directives for expeditious trials & support | Structural reform & victim protection |
Key Takeaways
Child testimony is central, but must be corroborated with medical, digital, or institutional evidence.
Delay in reporting is not fatal, provided there is supporting evidence.
Digital evidence is increasingly important in online abuse cases.
Child-friendly procedures and trauma-informed trials improve evidence reliability.
Courts have increasingly emphasized systemic reforms, victim support, and accountability for effective prosecution.
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