COLOMBO : Civil societies and community leaders including women’s rights activists, scholars and professionals, who have worked extensively on violence against women and girls from the 1990s to date, have. voiced their strong opposition to the proposed amendments to the law on rape and sexual offences in the Penal Code (as amended extensively in 1995).
In a statement , they have said on Sunday, March 17; “ We call for the immediate withdrawal of the proposed Bill.
The Bill must be withdrawn for the following reasons:
- The complete misunderstanding and misinterpretation of the principle of “consent’’ of an underage girl, who is considered by the criminal law of our country, to be lacking in capacity to consent to sex.
The Penal Code as amended in 1995 gives the age of 16 years as the age threshold of capacity of a minor under 18 years to give consent to sex. The offence of “Statutory Rape” is defined in most legal systems as the criminal offence of having sex with an underage minor girl, who has no capacity to consent because she is BELOW that defined age threshold. This Bill is wrong therefore to propose a policy change that suggests that a girl under that age can “consent” to sex with an ADULT male under the age that the Bill specifies arbitrarily as 22. The Bill is also wrong to LOWER the age of capacity to consent to sex from 16 years to 14 years.
We do not know how this policy was formulated, and it clearly ignores current realities in Sri Lanka on the high incidence of sexual abuse of minor children including girls, and the abysmal failures in law enforcement. This has in fact created a culture of impunity and even legitimacy for child sexual abuse. The age threshold of 16 years for sexual consent by a minor, was accepted in the 1995 amendments, because it conforms with an age at which a minor under 18 years acquires capacity for other acts such as release from parental custody, capacity to give consent to medical treatment, and now, to be legally employed. This age has been considered relevant in legal and medical scholarship. 16 years as an appropriate age for sex with consent has been recognised globally including in many countries in Africa and Asia.
Laws on statutory rape of girls (i.e sex with underage girls ) have been introduced in many jurisdictions to protect them from sexual abuse and exploitation. Such abuse has serious impacts on their health, including reproductive rights and health, and general development. There is the risk of school drop outs due to teenage pregnancy and the risk of contracting STDs including HIV.
We all know that child sexual abuse is rife in this country. It is reprehensible that this Bill is being presented as an amendment to the Penal Code at this time, when the challenge is to strengthen enforcement of the existing law, and protect children from sexual abuse and exploitation. The manner in which impunity for such abuse is being encouraged by lowering the age of consent of girls to 14 years, and then providing for suspended sentences for male perpetrators under 22, clearly points to a growing practice of ad hoc policy formulation according to agendas. What we need is coherent consistent law and policy reform that can address and impact usefully and resolve problems relating to violence against women and girls.
- This Bill clearly contradicts the national policy of protecting the human rights of women and girls through the much-publicized proposed Gender Empowerment Bill and the National Policy on Women. Sri Lanka has obligations under international law, to uphold women’s and children’s rights, and conform to the women’s rights convention (CEDAW) and the child rights convention (CRC). The government of Sri Lanka will have to report to the monitoring committee of CEDAW and is currently preparing its next report. How will the government of Sri Lanka explain this extraordinary change of policy and law reform that violates commitments under that Convention and CRC?
- The Bill proposes to amend Section 363, which currently covers rape of women and girls, to include male rape. When the Penal Code was amended in 1995, the offence of rape as a sexual offence perpetrated in a specific manner by a man against a woman or girl child was retained with some modifications. The offence of male rape was included in a gender-neutral offence of “Grave Sexual Abuse” that covered all OTHER acts of sexual violence against men and women, girls and boys.
We recognize that male rape can be a distinct offence within the present law in the Penal Code. However, the proposed amendment creates ambiguity that negatively impacts on the provisions of the current Section 363 of the Penal Code, which applies strictly to women. In order to maintain the specificity of the law on a crime experienced by women in a manner different to men, we must retain the current section 363.
We demand the withdrawal of this hasty, ad hoc and deplorable Bill, which changes the law and policy on sexual offences.
We also demand a transparent and consultative process of policy formulation and law reform, with the participation of diverse and relevant professionals including in medicine and law. Civil society organisations and service providers working in this area must also be consulted. We call for an evidence based and consistent approach in this very significant area of violence against women, child abuse and sexual violence.” Getty images
Signatories
- Prof. Savitri Goonesekere
- Prof. Camena Guneratne
- Prof. Deepika Udugama
- Prof. Gameela Samarasinghe
- Prof. Neloufer de Mel
- Prof. Piyanjali de Zoysa
- Prof Sitralega Maunaguru
- Dr. Mario Gomez
- Dr. N. Ravichandran.
- Dr. Ramani Jayasundera
- Dr Ruvan Kottegoda
- Dr.Sakuntala Kadirgamar
- Dr. Sepali Kottegoda
- Dr. Thiloma Munasinghe
- A.A. Shammi Ishara Amarakoon
- A.R. Ahamed Nafais PCA
- Alakurasan Mathan
- Anberiya Haniffa
- Aneesa Firthous
- Ann Jabbar
- Annie Kurien
- Anushaya Collure
- Anushka Opatha
- Ashika Gunasena
- Ashila Dandeniya
- B.Gowthaman
- B.W.Gunasekara
- Badra Wickcramasinghe
- Barani Imasha
- Bhavani Fonseka
- C. Giaksha Antony
- Ermiza Tegal (AAL)
- Evangeline de Silva
- Fr. Jeevantha Peiris
- Fuhathu
- G Rifa Mohamad Musthaffa
- Girty Gamage
- Gunawathie Hewagallage
- Hafsah Muheed
- Hans Billimoria
- Harry Fernando
- Hasanah Cegu Isadeen (AAL)
- Hiran Fernando
- I.L.Hashim
- Ishani Ranasinghe
- Jasintha Subasinghe
- Jayani Wijeratne
- Jayanthi Kuru-Utumpala
- Jezima Ismail
- Jithsara Yasangi Jayasinghe
- K.A. Sanduni Rasangika Jayarathna
- K. Armugam Asok
- K. Nihal Ahamed
- K. S. Ratnavale (AAL)
- K. Sumi
- K.Yogeswary
- Kamani Jinadasa
- Kandumani Lavakusara
- Khyati Wikramanayake (AAL)
- Kumari Idamegama
- Kumuduni Perera
- L.W.R. Wickramasinghe
- Laveena Hasanthi
- Lalith Wijeratne
- Leila Udayar
- Linuri Munasinghe
- M.Dinithi Nuwandi Nisansa
- M. I Uthumalebbe
- M. I. Riyal
- Ms. Jaleel
- M. I. Riyal
- M. Nashan
- M.P.M.Mustaffa
- Madhulika Gunawardena
- Mahaluxumi Kurushanthan
- Manasha Peiris
- Manel Jayasinghe
- Marian Fernando
- Marisa de Silva
- Mazeena Ilyas
- Melani Manel Perera
- Menaka Lecamwasam (AAL)
- Menasha VIhani Samaradiwakara
- Mihirini Liyanage
- Muttulingam Periyasamy
- N.Gayathiry
- Nadaraja Sumanthy
- Nadarajah Sukirtharaj
- Nadeera Wijeratne
- Naheshwaran Mireka
- Namashya Ratnayake (AAL)
- Nelun Gunasekera
- Nilmini Nonis
- Nirupa Fernando
- P. Manoranjini,
- P.Muthulingam
- Palitha Thenuwara
- Prabath Sapukotange
- Prabodhini Munasinghe (AAL)
- Priskila Arulpragasam
- Pubudini Sewwandi Kaanthage
- Rasika Deepani
- Ravihari Ravendrkumar
- Rev. Rajan Rohaan
- Rosita Fernando
- Ruki Fernando
- Ruwani Rubasinghe
- S.Nawas
- Samitha Sugathimala
- Sandali Dakshika Kandambi
- Sisini Sandeepani Pieris
- Shafinaz Hassendeen
- Shamila Rathnasooriya
- Shani Asokan
- Shannon Hardy
- Sudeepa Gunaratne
- Shanuki de Alwis
- Sharanya Sekaram
- Shelani Palihawadana
- Shiranee Mills
- Suhanya Joseph de Saram
- Shirani Cooray
- Shreen Abdul Saroor
- Shyamala Gomez
- Shyamali Ranaraja (AAL)
- Sonali Gunasekera
- Sr. Deepa Fernando
- Sr. Shamani Kuruppuarachchi
- Sr. Shiromi Fernando
- Sr. Sumalki Peiris
- Sriyani Pathirane
- Stella Phillip
- Subathra Yogasingham
- Suhashana Wijayaratna
- Sumaya Gunawardena
- Taahira Lafir (AAL)
- Tarangee Mutucumarana (AAL)
- Tharanga de Silva
- Udaya Kalupathirana.
- Vanamali Galappatti
- Vanie Simon
- Vasuki Jeyasankar
- Vasuky Rajendra
- Velusamy Weerasingham
- Visaka Dharmadasa
- Visakha Tillekeratne
- Vithursha Kamaleswaran
- Viola Perera
- Widya Kumarasinghe
- Z. M. Nashan
- Zainab Ibrahim
Organizations
- Affected Women’s Forum
- AHAM Humanitarian Resource Center, Trincomalee
- Ampara District Women’s Network, Ampara
- Amplifying Impact
- Association of War Affected Women
- Athwela Center for Survivors
- Batticaloa District “Aruvi” Women’s Network, Batticaloa
- Best of Young Organisation, Nintavur
- Centre for Equality and Justice
- Center for Humanitarian and Integrated Development, Mullaitivu
- Centre for Human Rights and Development
- Centre for Social Concerns
- Centre for Women’s Research
- Chrysalis
- Civil Rights AMAYAM, Batticaloa
- D. R. F, Akkraipattu
- Delete Nothing
- Economical and Community Development Organization, Mullaitivu
- E Wing Independent Center for Empowering Women and Children
- Everystory Lanka
- Family Planning Association of Sri Lanka
- Forum for Affected Families, Mannar
- Foundation for Innovative Social Development
- Gami Kantha Peramuna
- GREEN CARE, Sri Lanka
- Human Elevation Organisation
- Independent Social Development Centre, Malihaikaadu
- INFORM Human Rights Documentation Centre
- International Centre for Ethnic Studies
- Islamic Women’s Association for Research and Empowerment
- Jaffna Island Women’s Network, Jaffna
- Law and Human Rights Center, Jaffna
- Mannar Women’s Development Federation
- Mannar Social and Economical Development Organization, Mannar
- MONLAR
- Movement of Christian Women’s Voice
- Muslim Women’s Research and Action Forum
- National Ethnic Unity Foundation
- North East Coordinating Committee, SriLanka
- North East Women’s Collective, SriLanka
- Organization for People for Justice, Vavuniya
- People’s Collective for Climate Justice, Batticaloa
- Samathai Feminists Collective, Batticaloa
- Stand Up Movement Lanka
- Trincomalee District Women’s Network, Trincomalee
- Valikamam North Resource Center, Jaffna
- Vikalpani National Women’s Federation
- VSF, Mavadippalli.
- Women’s Action Network
- Women’s Development Foundation
- Women’s Development Innovators
- Women’s Education and Research Centre
- Women Life and Rights Association, Kilinochchi
- Working Women’s Front.
- Youth Advocacy Network Sri Lanka
