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Originally Posted by Zunaid
Bangladesh law does not appear to define nor criminalize spousal rape. Is my reading correct?
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Yes, there is no distinction drawn between 'spousal rape' and 'rape' in terms of the act, therefore the two terms can be read together and as such penetration is sufficient to fulfill the intercourse requirement for both. On the other hand, there is a distinction between the two terms with regard to age, whereby intercourse between two people is criminalized if the woman (read: girl) is less than 14 UNLESS she is his wife, where it's criminalized if she is less than 13. My reading of the Penal Code is that if the wife is between the age of 12-13, then the rape is criminalized but the rapist gets a less severe sentence (up to 2 years; fine) and if she is less than 12, then he gets the full sentence (up to life imprisonment; more severe fine).
Also, I don't know if you looked at the second Act that I linked above, but the Prevention of Oppression Act says that the death penalty can be levied against rapists if their rape leads to death.
Anyway, I think you may find this timely article by a senior friend of mine to be quite illuminating. He has done much more work in this area of criminal law than I have:
http://www.thedailystar.net/forum/20...uary/delhi.htm