In a horrific incident that has sent shockwaves across the country, a 12-year-old homeless child was sexually assaulted and murdered after being lured with food and shelter in the heart of the capital in Jatrabari, on Saturday.
Swift action followed with police arresting two – Al-Amin (34) and his associate Saddam – on Sunday.
While the prompt action was praised, an uncomfortable question remained. What if the victim was not a child?
Despite growing awareness of sexual violence, male rape victims continue to face legal challenges in Bangladesh as existing laws fail to recognise men as potential rape victims, and many cases go unreported, further deepening the stigma and silence around male sexual assault.
In the case of the 12-year-old, the Nari-o-Shishu-Nirjatan Daman Ain, 2000, offered a pathway to justice, but even that remains unclear.
According to a study by the United Nations in 2013, approximately 4.7% of men in Bangladesh reported experiencing sexual victimisation, including rape, by another man.
Even data around the issue is muted, if not non-existent.
Speaking to Dhaka Stream, legal expert Tasmiah Nuhiya Al Amin said the loopholes in existing laws were contributing to rising violence.
"The definition of rape under the Penal Code, 1860, is outdated and unworkable in the current context," she said.
But it wasn't the law which was complicated only.
"We also fail to consider male children as potential victims, which has allowed such crimes to increase," she added.
In terms of legal recourse, Tasmiah said a writ petition was filed with the High Court Division under Article 102 in 2020, seeking updates and effective directives, but there has been no substantial follow-up on the matter to date from the ministry.
"Although existing laws allow women and child victims to file cases under Nari-o-Shishu-Nirjatan Daman Ain, 2000, there are no clear legal pathways for male victims, including male children, to seek justice under this Act," she said.
Bangladesh's legal perspective
In Bangladesh, how rape perpetrators are punished can be found in the Penal Code-1860, the Evidence Act 1872, the Code of Criminal Procedure 1898, and the Women & Children Repression Prevention Act-2000.
The last one, which includes protection for males, is, however, restricted for those under the age of 18. But the wording matters.
According to the Women and Children Repression Prevention Act of 2000, rape is defined exclusively as sexual intercourse by a man with a woman against her consent. For male children, the same action is considered sodomy.
The Penal Code also defines rape only in terms of a man committing it on a woman.
When a man rapes another male, this falls under Section 377, which states, "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal…"
The legal definition of rape has historically been narrow and gender-specific, effectively excluding male and gender-diverse victims from legal recognition and protection.
The loopholes have led to some discourse.
In 2021, a Writ Petition was filed with the High Court seeking an amendment to the law to include sexual violence against men as a criminal offence.
It urged that Section 375 of the Bangladesh Penal Code replace the word "woman" with "person". In 2022, the High Court issued a rule to make the amendment and include "rape of males" and "rape of others", but this directive is yet to be implemented.
As recently as 2025, more amendments were proposed, including making rape punishable by anyone and expanding the definition to include "Bolatkar", which would make more actions than penetration punishable.
For now, however, the legal definition assumes that only women can be victims and only men can be perpetrators.
The law also remains silent if a transgender person is sexually assaulted.
Assistant Professor of the Department of Law and Human Rights at the University of Asia Pacific told Dhaka Stream that male victims of sexual violence, even children, face institutional barriers in accessing justice, as the term is not introduced in our legal systems.
States Parties are instructed to take all appropriate legislative, administrative, and social measures as a state can protect all the children from sexual assault, according to Article 34 of the Convention on the Rights of the Child (CRC).
Bangladesh is a signatory state of the International Covenant on Civil and Political Rights (ICCPR).
According to The International Covenant on Civil and Political Rights (ICCPR), Article 7 states that all types of torture, inhuman or degrading treatment against the people is strictly prohibited. Article 26 of ICCPR guarantees equality before the law and equal treatment for all. ICCPR ensures male rape victims the same legal protections and access to justice as any other survivor.
According to The Universal Declaration of Human Rights (UDHR), Article 5 states that no one shall be subjected to torture or any inhuman treatment or punishment. UDHR stands against all forms of sexual violence, including male rape.
Moreover, the Convention Against Torture (CAT) and the Convention on the Rights of the Child (CRC) urge the member states to take effective measures to prevent sexual violence, investigate such crimes, and punish perpetrators, regardless of the victim's gender.
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