In the fiscal year 2020-21, Nepal Police recorded 2,532 cases of rape, 735 of attempt to rape and 281 of child sexual abuse. But there are many incidents of sexual crime and violence that go unreported. This became amply evident when a former teenage beauty pageant participant shared her harrowing experience of being repeatedly raped by the contest organizer eight years ago. Her alleged rapist is currently in police custody. But his arrest came only after a widespread street protest that impelled the House of Representatives to direct the police authority to investigate the case. The incident has also raised a crucial question about reviewing the one-year statute of limitations in rape incidents. Anushka Nepal of ApEx interviews 10 experts on this issue.
Samikshya Baskota, Advocate
A lot of reformations are needed in our judicial system when it comes to handling the cases of sexual harassment and violence. We should be able to support the survivor whenever she chooses to come out, instead of having a statute of limitations to file the case.
For cases so sensitive like sexual assault, survivors are asked to talk or listen about the incidend they faced over and over. They are made to relive the moment every time in the court, which is very traumatizing for the survivors. I believe it is time to move towards silent hearing for cases of sexual assault for the wellbeing of the survivors.
Nirvana Bhandari, Feminist and digital activist
It is a good sign that people were out on the street demanding justice for the survivor. We need this unity in times like this. But there are many cases that have not come out. There are various reasons behind this; one of them is our society, which has not created an environment for survivors to speak up.
These incidents happen in many sectors, but they seem to be more prevalent in the entertainment industry. I believe that many survivors have chosen to remain silent out of fear that calling out their abusers could hamper their career.
I hope that the courage shown by the girl in this latest case will lead to a bigger #MeToo movement in Nepal. The media should not stop covering these issues. We need to keep the conversation going.
Mohna Ansari, Advocate
The first step needed from the government is to provide safety to the survivors who have reached out to the authorities for justice. It is also necessary to stop putting the burden of proof on the survivor. It should instead be placed on the alleged perpetrator. In many countries, the system of placing the burden of proof on the survivors has changed. It can also be seen in many verdicts of our own Supreme Court, which has concluded that the voice of the survivor is the ultimate evidence.
But some part of it still exists. For instance, the medical examination of the survivor is one of the proofs that the authority looks for in these cases. Also, our society is quick to blame the survivors. So, this shift in the burden of proof is important to change the perception of the society towards rape and sexual abuse survivors.
Bhawana Raut, Social activist
I believe that we as a society have failed to show that support. If our government and our society had stood alongside the survivors, assured them they had a place to go in search for justice, then many of them would have had the courage to hold the perpetrators accountable.
But we, as a society, failed to take that responsibility. In this latest case, the survivor tried to seek help, only to be turned down by someone she considered her guardian. So I see this as the failure of our society to create a proper environment for survivors to come forward.
Instead, it has made every place so unsafe that we have to think twice to even order a drink in a well-known hotel. That says a lot about how unsafe our society has become for women. I think we need to question our society as a whole, rather than just the enablers, as they themselves are the representatives of our society.
Dr Meena Uprety, Sociologist
One of the reasons why survivors aren’t able to come out is the failure of our society to hold perpetrators to account. While boys enjoy the privilege to be outspoken, girls are forced to remain silent. Men can get away without being questioned or being held accountable.
Another problem is the general attitude of disrespect our society has towards women. Nepali society has been leeching on the phrase “boys will be boys” for decades. Such an attitude has given men the free pass to act as they please towards women. This has to stop.
Durga Ghimire, Women’s right’s activist and the founder of ABC Nepal
There are many people who aren’t aware of their rights. Not just rights, many people, especially in rural areas, don’t even know that they are being harassed.
I believe it is necessary to make them aware about their rights as well as the injustice that they are facing or might have faced in the past. We cannot expect them to seek help if they are not clear on what might be considered harassment.
Survivors who are unaware about their rights will not go to the authorities for justice.
I believe it is important to spread this awareness in every corner of the country and help the ones that come forward.
Charimaya Tamang, Founder of Shakti Samuha
Our society has become unsafe for women and children. And when someone speaks up about their story or tries to hold someone accountable, the survivor gets questioned instead of the perpetrator. The incident does not even reach the court since the survivor is questioned even by her family. This only discourages them from bringing their perpetrator to justice. The perpetrator, meanwhile, is emboldened by this silence and goes on to commit more heinous acts. I see this as a lack of moral education that our society has failed to provide to the people.
Prakriti Bhattarai Basnet, Founder and chairperson of Political Literacy for Women
When we dig deeper on women's issues, it all comes down to patriarchy. There are many countries that still carry patriarchy as a belief system. But, in Nepal, patriarchy is not just a belief system; it has become the way of living for many of us. If it was just a belief system, it could be eradicated through speech, rally, and activism, or by changing the law–a top-down approach. But since it has become the way of living for many of us, it is essential to take both top-down and bottom-to-top simultaneously. This starts from minimizing the influence of patriarchy from each and every household.
If the changes do not come from the core of society, the laws will keep on changing while the situation remains the same.
Binod Deuba Thakuri, Youth leader (Central Committee Member at Youth Congress Nepal)
It is the responsibility of the government to ensure the safety of its citizens through the existing laws. The main focus of the government should be towards prosecuting the perpetrators, and not to have the statute of limitations for the survivors of rape and sexual violence.
But what scares me is how our society has generalized these heinous acts. Our society as a whole has not been able to accept the existence of women. These factors are the result of the environment that every child grows up in, within the patriarchal belief system that our society holds. That is why I believe that change is needed in every household and not just the government and laws.
Mamta Siwakoti, Digital lawyer
The first thing I think we need to address is the statute of limitations. Many survivors in our society do not have the legal literacy to understand their rights. And the statute of limitations gives them very little time to address the issue and reach to the authority. Secondly, because of psychological and societal reasons, it is impractical to expect a survivor to report the case within one year. So, I believe that the statute of limitations should be eradicated completely.
It is also necessary to educate people from their childhood on what is considered as sexual assault. It must be included in school curriculum so that children are aware of the good touch and bad touch. There is also a deeply rooted stigma attached to incidents like rape. It questions the honor of the survivor, which has stopped many from speaking up. It is necessary to bring changes from the grassroots level, only then can we expect our society to be better and safer for every individual.
