Legal Analysis on “Marriage Promise” Sexual Offenses

Fauzul Azim, a retired district judge and legal analyst, told Prothom Alo that previously, sexual acts both with and without consent were prosecuted under the same section of the law for rape. This made it difficult to classify cases where sexual relations occurred with the consent of women over 16 as rape. The two types of offenses—non-consensual and consensual sexual acts under false promises—are distinct, with different legal elements. As a result, many cases were not properly defined, allowing perpetrators to escape justice, leaving victims without redress.

For a long time, judges have proposed creating a separate legal category for cases involving sexual relations induced by promises of marriage or enticement. This is because such acts represent a different type of crime. In most cases, women are deceived, making it crucial that victims receive justice.

According to police headquarters statistics:

January–June 2025: 2,744 rape cases

2024: 4,394 cases

2023: 5,191 cases

2022: 6,032 cases

2021: 6,341 cases

2020: 6,555 cases

Fauzul Azim noted that by establishing a separate section for “sexual acts under promises of marriage,” victims are more likely to obtain justice, and perpetrators can be punished. He added that while this is a positive development, evaluating its full impact will take time. There is still potential for misuse, but judges can prevent it through careful review of evidence and legal discretion.

Cases of False Claims under the New Law

On June 18, a woman filed a case at Pallabi Police Station in Dhaka against her landlord under the new “sexual act under promise of marriage” provision. During the investigation, it was revealed that she had an extramarital relationship with another man and had previously filed a similar case against him, with the landlord as a witness. Following a settlement with that man, she filed the new case against her landlord under his advice. When these facts emerged during investigation, the woman admitted it was a false case and expressed her wish to withdraw it.

A police officer told The Times of Dhaka that there is a formal procedure for withdrawing cases, which includes submitting a “final report” by the police.

Legal advisor Asif Nazrul explained in an interview that the amended ordinance contains provisions to prevent false and harassing cases. Under the updated Section 17, if a judge determines a case is false or abusive, they may impose penalties, including compensation and upto two years of imprisonment.