March 2022
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The main characteristics of colonialism can be demonstrated as such; political and legal domination over a foreign society and practice of imperial power exploitation over that society. The aberration of colonialism is still practiced in the administrative and judicial system of Bangladesh as there exists a politics-administration dichotomy (Panday, 2020). As a result, the powerheads are exercising power politics which enable them to get away with crimes as heinous as rape. The presumption of Criminal Law is that the accused is innocent until proven guilty which has been the cornerstone for many high-profile rape cases to bar justice. The colonial definition of ‘rape’ in the Penal Code of 1860 does not elaborate on the act of penetration where it does not include men and the third gender as rape victims (Kabir, 2014). The law does not cover marital rape over the age of 14 without consent. There are many other loopholes that are used as getaways for the powerful to date. The objective of this study is to investigate the characteristics of the current rape law and its execution in relation to the colonial bureaucracy. The study aims at excavating the cause of the persistence of century-old rape law and scrutinizing the powers that get benefitted from the faulty laws. It also focuses on both positive and negative aspects of the modification of rape law in times of decolonization. The study has been conducted by analyzing 10 high-profile rape cases in Bangladesh. In addition, secondary materials from various journals, newspapers, and reports have been extensively checked for ensuring the high validity of the research. Keywords: Colonization, Rape Laws, Power politics