Laws pertaining to sexual offences

Palitha Fernando
Deputy Solicitor General

The Penal Code

This was enacted by our British Rulers in the year 1883 It is in force up to date with a few amendments. Act No. 22 of 1995 and Act No. 29 of 1998 brought about some significant changes in the law pertaining to sexual offences.

Changes in respect of the offence of rape

The age of consent was increased from 12 to 16 Provision was made to punish sexual intercourse with a legally separated wife without consent Introduction of the offences of gang rape and incest Special provision regarding the punishment for rape

The offence of Rape

With the increase of the consenting age to 16 lots of young boys have been caught up for the offence of statutory rape Medical evidence is used for the purpose of corroborating the victims version in cases of rape The short history recorded is important specially is cases of rape

Adultery is not an offence

Adultery is not a punishable offence in Sri Lanka. However it is a ground for divorce in Sri Lanka. Though adultery is not an offence, running a Brothel is an offence. Some times the police make the mistake of raiding guest houses in the belief that adultery is an offence.

The offence of incest

The Prohibited degrees of relationships have been mentioned in section 364 of the Penal Code Contrary to popular belief, this offence is not very uncommon in Sri Lanka Children whose mothers have gone abroad leaving children behind are the most common victims

Offence of gang rape

This offence is a new introduction. Any person who forms a gang with others and is present when the offence is rape is committed commits the offence of gang rape. Though a woman cannot be convicted of rape, a woman can be convicted of gang rape.

The offence of Grave sexual abuse

The definition of the offence of grave sexual abuse is interesting. It makes it an offence to commit an act on another person for the purpose of sexual pleasure without the consent of the person if that other person is below 16 years This is also an offence introduced by the recent amendment

The Offence of sexual harassment

This is also an offence introduced by the new amendment. This offence can be committed by any person who in order to sexually annoy another does any thing or makes an utterance Sexual harassment is generally prosecuted before the magistrates court.

Procuration
A person who procures any person male or female of whatever age for prostitution commits an offence under section 360 Trying to take a person outside Sri Lanka for the purpose getting that person to engage in illicit intercourse also falls within the definition of the offence of procuration

Obscene publications relation to children

A child for the purpose of this section is a person below the age of 18 years. It is an offence to publish or even have in ones possession an obscene photograph depicting a child. What an obscene photograph will be a question of fact that will have to be decided on the circumstances of each case

It is an offence to disclose the identity of a child victim

In terms of section 365c the publication of court proceedings so as to disclose the identity of the sexual victim, where the victim is a child has been prohibited. However it is possible to disclose the name of the victim with the consent of the parents or guardians if such disclosure is necessary.