Nepal | January 23, 2021

Authorities warned against settling rape case through reconciliation

Himalayan News Service
Share Now:


The Ministry of Federal Affairs and General Administration has issued a circular to all the 753 local levels, requesting them to act in line with the recent directive of the Office of Attorney General against those accused of rape.

In response to a letter received from the OAG yesterday, the MoFAGA urged local levels to remain watchful to ensure that no rape case is settled through reconciliation between the perpetrators and victims, whether voluntary or under coercion and undue influence. As per the OAG, the Government of Nepal will be the plaintiff in a rape case and it can be settled only through judicial proceeding in accordance with the existing law.

The OAG drew its grave attention to the settlement of rape cases in different parts of the country through an agreement reached between the perpetrators and victims in the presence of local representatives.

The OAG reminded the authorities that the law prohibits reconciliation in criminal offences, which are dealt by the government as plaintiff.

“It is the legal obligation of anyone, who knows that a rape has been committed, to inform the nearest police office, help in arresting suspects and rescue and protect the victims. Such a case is allowed to be settled only through judicial proceedings.

Any person or group involved in facilitating reconciliation between the perpetrators and victims will also be liable to legal action as per the law,” the OAG warned. Lack of effective investigation and prosecution on behalf of the victims is likely to weaken the legal side of such cases and give rise to impunity.

On June 5, the Supreme Court had maintained that the heinous crime of rape leads the victim to a state of long-lasting emotional distress.

Rape not only metes out mental trauma to the victim but also causes severe harm to his/her self-esteem.

“Victims usually suffer from Rape Trauma Syndrome and hence a court should consider it seriously while delivering justice. The victim’s body itself is the scene of crime in a rape case,” read SC verdict in a rape case.

A version of this article appears in print on October 17, 2020 of The Himalayan Times.

Follow The Himalayan Times on Twitter and Facebook

Recommended Stories:

More from The Himalayan Times:

US Ambassador Berry met with PM Oli to discuss Biden priorities  

KATHMANDU: US Ambassador to Nepal Randy Berry met with Prime Minister KP Sharma Oli to discuss President Biden’s top priorities, on Thursday evening. Issuing a press release, the US Embassy in Nepal stated, Ambassador Berry noted that the Biden administration wants to partner with Nepal and Read More...

Seven more fatalities take Nepal's Covid-19 death toll close to 2000 on Friday

KATHMANDU: Nepal's coronavirus death-toll has advanced to 1,986 with seven more fatalities reported on Friday. Globally, 2.1 million people have lost their lives to Covid-19 while more than 98 million people have been infected by the disease. Today, 302 new coronavirus cases surfaced after whi Read More...

Three cricketers leave for UAE to play T-10 League

KATHMANDU: Former captain of the men's National Cricket Team Paras Khadka along with Kushal Malla and Karan KC have left for UAE to play in the T-10 League Cricket Championship, on Thursday evening. The cricket championship is taking place from January 28 to February 6. Khadka would take on th Read More...

In Pictures: Thousands rally forth in mass protest in Kathmandu

Kathmandu, January 22 Large mass rallies were taken out today by the Dahal-Nepal faction of ruling Nepal Communist Party (NCP) in Kathmandu Valley. See in the pictures are protesters in thousands walking the roads of the capital city to meet at a mass gathering. Also participating in the demon Read More...

302 new cases take nationwide Covid-19 tally to 268,948

KATHMANDU: Nepal on Friday reported 302 new cases of coronavirus infection from across the country. With this, the nationwide infection count has advanced to 268,948. Of the total cases, 133 are females while 169 are males. In the last 24 hours, 112 cases surfaced in Kathmandu valley. The capi Read More...

Kathmandu valley logs 112 coronavirus infections Friday

KATHMANDU: On Friday, 112 individuals --53 women, 59 men --  were reported to have contracted the coronavirus infection in the Kathmandu valley. 90 of the 112 infections surfaced in Kathmandu while 13 and nine cases were detected in Lalitpur and Bhaktapur, respectively. According to the data Read More...

McConnell seeks to push Trump impeachment trial to February

WASHINGTON: Senate Republican leader Mitch McConnell is proposing to push back the start of Donald Trump's impeachment trial to February to give the former president time to prepare and review his case. House Democrats who voted to impeach Trump last week for inciting the deadly Jan. 6 Capitol ri Read More...

After big hack of US government, Biden enlists 'world class' cybersecurity team

WASHINGTON/SAN FRANCISCO: President Joe Biden is hiring a group of national security veterans with deep cyber expertise, drawing praise from former defense officials and investigators as the US government works to recover from one of the biggest hacks of its agencies attributed to Russian spies. Read More...