A PBI report has found that the landmark rape cases investigated in the past 8 years were all ‘insubstantiated’, according to a recent case study. But as the case files and expert testimony reveal, “unproven” is not always synonymous with false.”
A Case that Speaks Volumes
In a heart-wrenching incident, Dhaka saw a case in 2021. A five-year-old girl from a poor family was also reportedly raped by a neighbour. But the case disintegrated into silence, rather than a trial. The child’s father, plagued by social shame and stigma, told the police he no longer wished to prosecute the case. After being issued three notices and being told that such cases can’t be settled, he never visited the police station.
With no help from the complainant, the Investigating Officer (IO) was compelled to submit a “Final Report–True”, indicating that the offence had taken place but could not be prosecuted.
This tragic incident is a symptom of a systemic issue. Of over 11,000 rape cases instituted between 2016 and 2023, almost 44 per cent of them were unable to be proven during investigations, says the PBI in its February report. The pattern was consistent: of the 1,047 cases directly filed at police stations, 42% were closed without charge sheets. The figure was 41 per cent for cases referred by the courts.
Unproven vs. False: A Key Distinction
At first glance, these numbers might suggest a high level of false reporting to the casual observer. However, the reality is a lot messier.
“Although not proven, all allegations are not false,” Additional Inspector General Mohammad Mostafa Kamal, head of the PBI, who himself led the report, told a news conference. At least 30 per cent of the unproven are real, he estimates; many cases are unprovable only because investigators can’t prove their case — there may be too little evidence to proceed, or the plaintiff won’t co-operate, or another impediment is in play.
Investigators have three final report options to choose from:
Final Report – 90%: The incident likely occurred, but other factors make it difficult to prove (evidence is missing, and the accusing party fled).
Final Report-Mistake of Fact: Where a report arises from the lack of understanding and no crime has been committed.
Final Report–Unfounded: Determined to have been intentionally false.
“If a real incident is not proved, it’s the fault of the investigation,” Kamal said. “But if the charge is refuted, it saves the innocent. That is the sign of investigative acumen.
False cases do exist. Two incidents of rape were lodged at Pallabi Police Station in June this year. A woman claimed her landlord raped her. She later confessed that she made up the accusation for personal reasons. And the IO Filed a ‘Final Report – False.’ According to the observed pattern, Kamal roughly estimates 70% would be false cases, and the remaining 30% are genuine but not proved.
When Justice Breaks Down
For Human Rights Watch, fake news is not so much a problem as systemic failure.
“Influence of powerful locals, absence of witness protection and the length of trial are some reasons which force the complainants to compromise,” Dipti Shikdar, head of Legal Advocacy and Lobbying Unit at Bangladesh Mahila Parishad, said.
In Bangladesh, medico-legal documents are considered the primary ones. If the examinations are conducted late, it is virtually impossible to prove rape. Financial transactions and local power relations add another dimension. “Unsubstantiated case does not necessarily mean that the case is false,” Shikdar insisted.
One particularly chilling failure of investigation came in 2016 in Rajshahi. A man and a woman were discovered dead in a hotel room with what looked like one last message posted to Facebook. Police determined it was a case of double suicide and submitted a ‘Final Report–Mistake of Fact.’ But after a court-ordered reinvestigation by the PBI, an entirely grimmer truth emerged: her ex-partner had faked the suicide, then killed them both and posted that note. He would later admit to gang rape and double murder.
The Road Ahead
The PBI report is a somber testament to the challenges of obtaining justice in Bangladesh when it comes to rape cases. The numbers not only show that false accusations are widely used, but more importantly, they reveal how disproved ones—and the truth—can be derailed by erroneous assumptions and institutional incompetence.
For people like Shikdar, the answer lies in doing things on a more local level. “Investigators need special training, especially in learning how to gather circumstantial evidence,” she added. “Victims will continue to stay silent and the perpetrators will go free unless there is stronger investigations.”
As it confronts this 44% problem, what Bangladesh faces is to fill the gap between criminality and conviction, ensuring that justice long delayed shall no more be justice denied.