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Sri Lankan Law Forum » Criminal Law Forum » Law on Rape in Sri Lanka

Law on Rape in Sri Lanka

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1 Law on Rape in Sri Lanka on Fri Oct 20, 2017 8:39 pm

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The law on rape is found in Section 363 of the Penal Code as amended by Act, No. 22 of 1995.
A man who has sexual intercourse with a woman without her consent is guilty of rape.
Penetration is the only requirement to establish sexual intercourse. Ejaculation is not necessary.
Physical injuries and evidence of a struggle is not essential to prove that sexual intercourse took place without consent.
A husband is only guilty of rape if the wife is judicially separated from him. However a husband may be held liable under the Prevention of Domestic Violence Act for such sexual violence against his wife. Read the Prevention of Domestic Violence Act.
It is rape if a man has sexual intercourse with a woman of unsound mind.
Where a man engages in sexual intercourse with a female under the age of 16 years he is guilty of rape, regardless of consent. This is referred to as statutory rape.
This law is not applicable to a woman married below 16 years and above the age of 12 years and engages in sexual intercourse with her husband while not separated legally. This applies to Muslims only since 18 is the minimum age of marriage applicable to all other Sri Lankans.‍
Even in cases where it appears that sexual intercourse with a woman or girl over 16 years took place with consent, it still amounts to rape if:

A man obtains consent by use of force or threat or intimidation, or by putting her in fear of death or hurt.
A man obtains consent while she is in detention i.e. custodial rape.
A woman is given alcohol or drugs by perpetrator or by some other person, and is intoxicated, even if she consents to sexual intercourse under such condition, such act amounts to rape.
A man obtains consent by pretending to be the husband of the woman in question.

Proof of Rape
A woman is usually raped when others are not present and there are no witnesses to prove it. But there are other ways of proving rape. These are:
Injuries to the genital area or other injuries if the man has used violence (need not be external)
Torn clothes that can prove that sexual intercourse was without consent
Victim survivor’s description of the accused made to the medical officer at the time of examination
Any recordings (audio or visual), if taken through mobile phones etc.
DNA evidence of the perpetrator such as semen, hair, blood found on the victim-survivor
Previous threats by the perpetrator directed towards the victim-survivor on other occasions, and third party testimonies to support the same, if any

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