When a case is reported to the police as a recognizable offense, an information report is made. After an investigation, the case is filed to the court through the law officer. In practice, complaints to the police for domestic violence are rarely filed because of cultural reasons.[30]
With respect to domestic violence cases, if police officers receive information of a cognizable offense, such as wounding or grievous harm by a weapon, murder or culpable homicide, they have to take prompt action. If the offense is non-cognizable, such as minor harm, criminal intimidation or assault, they can refuse to make a complaint at the police station and may direct the complainant to the court. In practice, the police are usually unwilling to make a complaint for quarreling or harm between spouses because they regard these cases as "daily life" social problems. Even if the police receive information about the domestic violence, they usually try to reconcile the spouses and release the accused person.[31]In rape cases, the courts require full evidence, including evidence of vaginal injury, semen, clothes and medical records. Judges may also ask the victim to fully describe the incident and they may ask a witness to appear in person.[33]
The process related to the medical diagnosis of rape is complex. When rape is reported, the assistant surgeon has to inform the forensic doctor. The first step is to check for physical injuries on the face and the body. The second step is to check for vaginal injuries, semen or other related evidence. Any collected evidence is then sent to the Department of Medical Research, which is only located in two areas: Yangon and Mandalay. Adding to this, a medical examiner is not assigned at every hospital. The process of evidential checks takes between two and three months or sometimes longer. There is no special room and no separate medical person assigned for treatment or counseling. Because of the long process, some survivors cannot afford to access justice.[34]Regarding rape cases, the Code of Criminal Procedure does not contain any specific provisions relating to the prosecution or testimony.
There are few, if any, legislative protections for taking evidence from a victim of rape, including no appropriate protection during a witness's examination.
In cases of rape and sexual assault, government hospitals must obtain permission from the local police before they are permitted to examine and treat patients.[35]Rape is defined as sexual intercourse with a woman in the following ways:[40]
- against her will
- without her consent
- with her consent but if it has been obtained by threat of death or harm
- with or without consent when she is under 14 years old
Self-defense
Self-defense is a recognized criminal defense, as every person has the right to defend his/her own body and his/her property.[41]
Insanity
Insanity is a recognized criminal defense in Myanmar.[42] Nothing is an offense that is done by a person who is, at the time of doing it, due to the unsoundness of mind, incapable of knowing the nature of the act, or that what they are doing is either wrong or contrary to law.[43]
However, a successful "unsoundness of mind" defense may lead to detention. The accused may be adjudged a threat to themselves or others. It may be common for such an accused person to be subject to compulsory detention and placed on a special therapeutic regime, potentially for an indefinite amount of time.[44]