COLOMBO – We the undersigned individuals from civil society, including women’s rights activists, scholars and professionals, who have worked extensively on violence against women and girls from the 1990s to date, voice our strong opposition to the proposed amendments to the law on rape and sexual offences in the Penal Code (as amended extensively in 1995).  We call for the immediate withdrawal of the proposed Bill.

The Bill must be withdrawn for the following reasons:

1-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 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 regarding 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 recognized 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 health, and general development. There is the risk of school dropouts 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.

2- 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?

3-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 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 organizations 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.

Signatories 

1. Prof. Savitri Goonesekere
2. Prof. Camena Guneratne
3. Prof. Deepika Udugama
4. Prof. Gameela Samarasinghe
5. Prof. Neloufer de Mel
6. Prof. Piyanjali de Zoysa
7. Prof Sitralega Maunaguru
8. Dr. Mario Gomez
9. Dr. N. Ravichandran.
10. Dr. Ramani Jayasundera
11. Dr Ruvan Kottegoda
12. Dr.Sakuntala Kadirgamar
13. Dr. Sepali Kottegoda
14. Dr. Thiloma Munasinghe
15. A.A. Shammi Ishara Amarakoon
16. A.R. Ahamed Nafais PCA
17. Alakurasan Mathan
18. Anberiya Haniffa
19. Aneesa Firthous
20. Ann Jabbar
21. Annie Kurien
22. Anushaya Collure
23. Anushka Opatha
24. Ashika Gunasena
25. Ashila Dandeniya
26. B.Gowthaman
27. B.W.Gunasekara
28. Badra Wickcramasinghe
29. Barani Imasha
30. Bhavani Fonseka
31. C. Giaksha Antony
32. Ermiza Tegal (AAL)
33. Evangeline de Silva
34. Fr. Jeevantha Peiris
35. Fuhathu
36. G Rifa Mohamad Musthaffa
37. Girty Gamage
38. Gunawathie Hewagallage
39. Hafsah Muheed
40. Hans Billimoria
41. Harry Fernando
42. Hasanah Cegu Isadeen (AAL)
43. Hiran Fernando
44. I.L.Hashim
45. Ishani Ranasinghe
46. Jasintha Subasinghe
47. Jayani Wijeratne
48. Jayanthi Kuru-Utumpala
49. Jezima Ismail
50. Jithsara Yasangi Jayasinghe
51. K.A. Sanduni Rasangika Jayarathna
52. K. Armugam Asok
53. K. Nihal Ahamed
54. K. S. Ratnavale (AAL)
55. K. Sumi
56. K.Yogeswary
57. Kamani Jinadasa
58. Kandumani Lavakusara
59. Khyati Wikramanayake (AAL)
60. Kumari Idamegama
61. Kumuduni Perera
62. L.W.R. Wickramasinghe
63. Laveena Hasanthi
64. Lalith Wijeratne
65. Leila Udayar
66. Linuri Munasinghe
67. M.Dinithi Nuwandi Nisansa
68. M. I Uthumalebbe
69. M. I. Riyal
70. Ms. Jaleel
71. M. I. Riyal
72. M. Nashan
73. M.P.M.Mustaffa
74. Madhulika Gunawardena
75. Mahaluxumi Kurushanthan
76. Manasha Peiris
77. Manel Jayasinghe
78. Marian Fernando
79. Marisa de Silva
80. Mazeena Ilyas
81. Melani Manel Perera
82. Menaka Lecamwasam (AAL)
83. Menasha VIhani Samaradiwakara
84. Mihirini Liyanage
85. Muttulingam Periyasamy
86. N.Gayathiry
87. Nadaraja Sumanthy
88. Nadarajah Sukirtharaj
89. Nadeera Wijeratne
90. Naheshwaran Mireka
91. Namashya Ratnayake  (AAL)
92. Nelun Gunasekera
93. Nilmini Nonis
94. Nirupa Fernando
95. P. Manoranjini,
96. P.Muthulingam
97. Palitha Thenuwara
98. Prabath Sapukotange
99. Prabodhini Munasinghe (AAL)
100. Priskila Arulpragasam
101. Pubudini Sewwandi Kaanthage
102. Rasika Deepani
103. Ravihari Ravendrkumar
104. Rev. Rajan Rohaan
105. Rosita Fernando
106. Ruki Fernando
107. Ruwani Rubasinghe
108. S.Nawas
109. Samitha Sugathimala
110. Sandali Dakshika Kandambi
111. Sisini Sandeepani Pieris
112. Shafinaz Hassendeen
113. Shamila Rathnasooriya
114. Shani Asokan
115. Shannon Hardy
116. Sudeepa Gunaratne
117. Shanuki de Alwis
118. Sharanya Sekaram
119. Shelani Palihawadana
120. Shiranee Mills
121. Suhanya Joseph de Saram
122. Shirani Cooray
123. Shreen Abdul Saroor
124. Shyamala Gomez
125. Shyamali Ranaraja (AAL)
126. Sonali Gunasekera
127. Sr. Deepa Fernando
128. Sr. Shamani Kuruppuarachchi
129. Sr. Shiromi Fernando
130. Sr. Sumalki Peiris
131. Sriyani Pathirane
132. Stella Phillip
133. Subathra Yogasingham
134. Suhashana Wijayaratna
135. Sumaya  Gunawardena
136. Taahira Lafir (AAL)
137. Tarangee Mutucumarana (AAL)
138. Tharanga de Silva
139. Udaya Kalupathirana.
140. Vanamali Galappatti
141. Vanie Simon
142. Vasuki Jeyasankar
143. Vasuky Rajendra
144. Velusamy Weerasingham
145. Visaka Dharmadasa
146. Visakha Tillekeratne
147. Vithursha Kamaleswaran
148. Viola Perera
149. Widya Kumarasinghe
150. Z. M. Nashan
151. Zainab Ibrahim

Organizations 

1. Affected Women’s Forum
2. AHAM Humanitarian Resource Center, Trincomalee
3. Ampara District Women’s Network, Ampara
4. Amplifying Impact
5. Association of War Affected Women
6. Athwela Center for Survivors
7. Batticaloa District “Aruvi” Women’s Network, Batticaloa
8. Best of Young Organisation, Nintavur
9. Centre for Equality and Justice
10. Center for Humanitarian and Integrated Development, Mullaitivu
11. Centre for Human Rights and Development
12. Centre for Social Concerns
13. Centre for Women’s Research
14. Chrysalis
15. Civil Rights AMAYAM, Batticaloa
16. D. R. F, Akkraipattu
17. Delete Nothing
18. Economical and Community Development Organization, Mullaitivu
19. E Wing Independent Center for Empowering Women and Children
20. Everystory Lanka
21. Family Planning Association of Sri Lanka
22. Forum for Affected Families, Mannar
23. Foundation for Innovative Social Development
24. Gami Kantha Peramuna
25. GREEN CARE, Sri Lanka
26. Human Elevation Organisation
27. Independent Social Development Centre, Malihaikaadu
28. INFORM Human Rights Documentation Centre
29. International Centre for Ethnic Studies
30. Islamic Women’s Association for Research and Empowerment
31. Jaffna Island Women’s Network, Jaffna
32. Law and Human Rights Center, Jaffna
33. Mannar Women’s Development Federation
34. Mannar Social and Economical Development Organization, Mannar
35. MONLAR
36. Movement of Christian Women’s Voice
37. Muslim Women’s Research and Action Forum
38. National Ethnic Unity Foundation
39. North East Coordinating Committee, SriLanka
40. North East Women’s Collective, SriLanka
41. Organization for People for Justice, Vavuniya
42. People’s Collective for Climate Justice, Batticaloa
43. Samathai Feminists Collective, Batticaloa
44. Stand Up Movement Lanka
45. Trincomalee District Women’s Network, Trincomalee
46. Valikamam North Resource Center, Jaffna
47. Vikalpani National Women’s Federation
48. VSF, Mavadippalli.
49. Women’s Action Network
50. Women’s Development Foundation
51. Women’s Development Innovators
52. Women’s Education and Research Centre
53. Women Life and Rights Association, Kilinochchi
54. Working Women’s Front.
55. Youth Advocacy Network Sri Lanka