Rape is a coercive act that fundamentally violates human dignity, autonomy, and bodily integrity. It is not merely a personal crime but an affront to the basic rights and humanity of the survivor, leaving lasting physical, psychological, and social harm. In Nepal, although legal reforms have increasingly recognised sexual violence as a grave offence, the path to justice for survivors remains obstructed by procedural gaps, societal stigma, and institutional neglect. Among the many barriers that stand between victims and justice, one of the most overlooked areas is the medico-legal system—the critical bridge that connects medicine and law in establishing truth.
Forensic medicine serves as the scientific backbone of criminal justice. It transforms physical evidence into proof and helps courts move from allegation to fact. In rape cases, medical evidence plays a decisive role: it can help confirm sexual assault, identify perpetrators, or disprove false claims. Yet, despite its importance, Nepal’s legal framework does not clearly define how medical examinations of rape victims should be conducted or what rights victims have during such sensitive procedures.
The National Criminal Code 2074 recognises rape as a criminal offence and outlines punishments, but it fails to define or safeguard the medico-legal rights of victims. The National Criminal Procedure Code 2074 contains provisions for examining physical evidence, but it does not specify how survivors should be examined, who should conduct the examination, what conditions must be ensured, or how the victim’s consent and dignity should be protected. The Crime Victim Protection Act 2075 ensures the rights of victims in the criminal justice process, yet in practice, most medical examinations in Nepal rely on institutional practices rather than standardised national guidelines. Laws, rules, and regulations that allow medical examination during investigation are limited, scattered, and often silent on post-examination care. Without a consistent national framework, medical institutions follow their own formats—creating room for inconsistency, negligence, and, at times, secondary victimisation.
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A review of several Supreme Court decisions on rape cases reveals that courts have heavily relied on medical reports—often prepared without a formal protocol—to convict or acquit defendants. This judicial dependence on unregulated medical procedures raises serious concerns about fairness, reliability, and justice for both victims and the accused.
Behind every statistic is a human being whose suffering cannot be reduced to a case number. Survivors of rape are often asked to relive their trauma during medical examination—an experience that can be both physically and emotionally painful. Without clear guidelines ensuring privacy, consent, and psychological support, the examination itself can become another form of violation. In many cases, victims are examined without adequate explanation of their rights. Medical professionals, often overburdened and under-trained in trauma-sensitive approaches, may treat survivors as mere evidence rather than individuals in need of care. The shortage of female doctors, especially in rural areas, further discourages victims from seeking examination. As a result, critical medical evidence is lost, and victims are left feeling humiliated, unheard, and betrayed by the very system meant to protect them.
The law’s requirement that rape cases be filed within a limitation period—except in cases of incest—is another major obstacle. While intended to preserve physical evidence, it ignores the psychological reality that many survivors cannot come forward immediately due to fear, shame, or social stigma. Moreover, the wide sentencing range in rape cases gives judges excessive discretion, sometimes leading to inconsistent decisions. This unpredictability weakens trust in the justice system. Nepal’s laws also focus primarily on imprisonment, neglecting restorative measures such as compensation, rehabilitation, and psychosocial support for survivors.
To make justice more humane and credible, Nepal urgently needs a comprehensive Medico-Legal Examination Act that clearly outlines the rights and procedures for examining rape victims and accused persons. Such legislation should ensure informed consent, privacy, and dignity; mandate the presence of female medical officers wherever possible; standardise medical report formats nationwide; require psychological counselling as part of the examination process; provide specialised training for forensic doctors and police investigators in trauma-informed approaches; and establish well-equipped medico-legal units in every major hospital.
The state must also confront the social barriers that discourage reporting. Awareness programmes in schools can help children understand concepts such as safe and unsafe touch, while public campaigns can challenge the stigma that silences survivors. Justice must not only punish offenders but also support survivors, restore their dignity, and rebuild their confidence in society.
As a society, we must remember that the goal of justice is not vengeance—it is restoration. Every rape case is a measure of how deeply our institutions value human dignity. When the medico-legal system fails to uphold compassion, consent, and competence, it does not merely fail a victim—it fails the very idea of justice. Nepal stands at a turning point. The foundation of legal reform has been laid, but the structure of victim protection remains incomplete. By establishing clear medico-legal rights and ensuring sensitive examination procedures, we can move towards a justice system that is not only lawful but humane.
