Review of statute of limitation on rape sought

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Kathmandu, May 21: Statute of limitation for rape has been one of the most talked-about topics across the country after a woman in her early 20s, through social media, revealed of being drugged and raped while she was 16 and faced several such abuses thereafter.

The victim, in a video on May 19, has further stressed unawareness of the statute of limitation on filing complaint against rape cases. It had sparked the debate on the limitation leading public to demand the government to review the law.

Section 229 (2) of the National Penal Code, 2017, states that no complaint shall lie after the expiry of one year from the date of commission of any of the offences under Sections 219. Section 219 of the penal code has provisions on prohibition of committing rape.

The issue was raised in the Parliament on Friday. Nepali Congress general secretary and lawmaker Gagan Kumar Thapa in his address to the House of Representatives said, “Videos of a victim speaking out the abuses she went through have been made public. I request the government through the Speaker to bring the perpetrator under investigation and review the law on rape, especially the statute of limitation to file a complaint, formulated by this House.”

Responding to Thapa’s concern, Speaker of the House of Representatives Agni Sapkota gave a ruling that the government identify the truth of the matter and bring the accused under legal limitations.

Activists and advocates have also raised the issue citing that there can be different circumstances which restrict a victim to file a complaint within a deadline due to which the statute of limitation for rape complaint should be removed.

Nepal Police informed that they were trying to come in contact with the victim so that they can take the case forward legally.

 A victim should never be deprived of justice. We are trying to provide justice to the victim. 

However, this case should be an example for the government because the statute of limitation has once again prevented a victim of sexual abuse from seeking justice, said Sarita Tiwari, an advocate and rights activist.

Meanwhile, responding to the queries, spokesperson for the Office of the Attorney General Sanjeev Raj Regmi said, “The law states a limitation to file the rape complaint and it should be followed by the concerned authorities.”

Bishnu Maya Bhusal, an advocate and an associate professor at Nepal Law Campus, said, “We should follow the prevailing law. However, a law should be reviewed timely based on the prevailing condition of the society and nature of incidents.”

 
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