Sri Lanka - Age of Consent

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Source:   http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/

Sri Lanka                      Colombo

The Penal Code of Sri Lanka enacted as Ordinance N2 of 1883 is the major Statute which embodies the substantive
criminal law. It has been amended 30 times since Independence in 1948. The Penal Code (Amendment) Bill passed
in Parliament on 19th September 1995.

The minimum age of ‘consent’ in the offence of rape has been increased from twelve (12) to sixteen (16) years. This means that the matter of ‘consent’ arises only when the raped individual is above the age of sixteen (16) years.

A ‘child’ means ‘a person aged under eighteen (18) years old’.

New offences such as-
a) obscene publications, exhibitions, indecent photographs or filming (imprisonment for 2 to 10 years and a fine) ;
b) sexual exploitation (imprisonment for 5 to 20 years and a fine) and trafficking (imprisonment for 5 to 20 years and a fine) of children ;
c) incest ;
d) gross sexual abuse,
- have been inserted .

Mandatory minimum sentences have been imposed (10 years instead of 2 years in most cases) such as in case of
rape, gross sexual abuse and acts of gross indecency between two persons.

Monetary compensation for the victims of sexual abuse, acts of gross indecency, rape and gang rape, will be
imposed, the amount being determined by Court relating to the injuries caused to the victim of the offence.

III. Other forms of child sex abuse
Section 365A of the Amendment to the Penal Code
" Any person who, in public or private, commits, or is a party to the commission of , or procures or
attempts to procure the commission by any person of any act of gross indecency with another
person, shall be guilty of an offence and shall be punished with imprisonment of either description
for a term which may extend to two years or with a fine, or with both and where the offence is
committed by a person over eighteen (18) years of age in respect of any person under sixteen (16)
years of age shall be punished worth rigorous imprisonment for a term not less than 10 years and
not exceeding 20 years and with a fine and shall also be ordered to pay compensation of amount
determined by court to the person in respect of whom the offence was committed for the injuries
caused to such a person. "

Section 365B of the Amendment to the Penal Code
" (1) Grave sexual abuse is committed by any person who, for sexual gratification, does any act, by
the use of his genitals or any other part of the human body or any instrument or any orifice or part
of the body of any other person, being an act which does not amount to rape under section 363, in
circumstances falling under any of the following descriptions, that is to say-

a) without the consent of the other person ;
b) with the consent of the other person where the consent has been obtained by use
of force, threat, or intimidation or putting such other person in fear of death or of
hurt or while such other person was in unlawful detention ;
c) with the consent of the other person where such consent has been obtained at a
time the other person was of unsound mind or was in state of intoxication inducted
by alcohol or drugs.

(2) Whoever-
a) commits grave sexual abuse shall be punished with rigorous imprisonment for a
term not exceeding 20 years and with a fine and shall also be ordered to pay
compensation of an amount determined by court to the person in respect of whom
the offence was committed for the injuries caused to such person ;

b) commits grave sexual abuse on any person under eighteen (18) years of age
shall be punished with rigorous imprisonment for a term not less than ten years
and not exceeding 20 years and with a fine and shall also be ordered to pay
compensation of an amount determined by court to the person in respect of whom
the offence was committed for the injuries caused to such person. "

Section 364A of the Amendment to the Penal Code
" (1) Whoever has sexual intercourse with another, who stands towards him in any of the
following enumerated degrees of relationship, that is to say-

a) either party is directly descended form the other or is the adoptive grandparent,
adopted child or adopted grand child of the other ; or

b) the female, is the sister of the male, either by the full or the half blood or by
adoption, or is the daughter of his brother or of his sister, by the full or the half
blood or by adoption, or is a descendant from either of them, or is the daughter of
his wife by another father, or is his son’s or grandson’s or father’s or grandfather’s
widow ; or

c) the male, is the brother of the female, either by the full or the half blood or by
adoption, or is the son of her brother or sister by the full or the half blood or by
adoption or is a descendant from either of them, or is the son of her husband by
another mother, or her deceased daughter’s or granddaughter’s or mother’s or
mother’s husband, commits the offence of ‘incest’.

(2) The offence of incest shall not be affected or negated by reason of the existence of any defect in
the legality or any relationship given in this section, such as absence of a valid marriage or
adoption.

(3) Whoever-

a) commits incest, shall be punished with rigorous imprisonment for a term not less
than 7 years and not exceeding 20 years and with a fine ;

b) attempts to commit incest shall be punished with imprisonment of either
description for a term which may extend to 2 years.

(4) No prosecution shall be commenced for an offence under this section except with the written
sanction of the Attorney-General. "

Article 360C of the Amendment to the Penal Code
" (1) Whoever-
a) engages in the act of buying or selling or bartering of any person for money or for any other consideration ;
b) for the purpose of promoting, facilitating or inducing the buying or selling or bartering or the placement in adoption, of any person for money or for any other consideration-

(i) arranges for, or assists, a child to travel to a foreign country
without the consent of his parent or lawful guardian ; or

(ii) obtains an affidavit of consent from a pregnant woman, for
money or for any other consideration, for the adoption of the unborn
child of such woman ; or

(iii) recruits women or couples to bear children ; or

(iv) being a person concerned with the registration of births
knowingly permits the falsification of any birth record or register ;
or

(v) engages in procuring children from hospitals, shelters for
women, clinics, nurseries, day care centres, for money or other
consideration or procures a child for adoption from any such
institution or centre, by intimidation of the mother or any other
person ; or

(vi) impersonates the mother or assists in such impersonation,

-commits the offence of ‘trafficking’ and shall on conviction be punished with
imprisonment of either description for a term not less than 2 years and not
exceeding 20 years and may also be punished with a fine and where such offence is
committed in respect of a child, be punished with imprisonment of either
description for a term not less than five years and not exceeding 20 years and may
also be punished with a fine.

(2) In this section ‘child’ means ‘a person under eighteen (18) years of age’. "

V. Child pornography
Section 286A of the Amendment to the Penal Code
" (1) Any person who-
a) hires, employs, assists, persuades, uses, induces or coerces, any child to appear
or perform, in any obscene or indecent exhibition or show or to pose or model for,
or to appear in, any obscene or indecent photograph or film or who sells or
distributes, or otherwise publishes, or has in his possession, any such photograph
or film ; or

b) being a parent, guardian or person having the custody of a child, causes or
allows such child to be employed, or to participate, in any obscene or indecent
exhibition or show or to pose or model for, or to appear in, any such photograph
or film as is referred to in paragraph (a) ;

(i) takes, or assists in taking of any indecent photographs of a child ; or

(ii) distributes or shows any such photograph or any publication containing such photograph ;

(iii) has in his possession for distribution or showing, any such photograph or publication ;

(iv) publishes or causes to be published, any such photograph or publishes or causes to be published, any advertisement capable of conveying the message that the advertiser or person named in the advertisement distributes or shows any such photograph or publication or intends to do so,

-commits the offence of obscene publication and exhibition relating to children and shall on
conviction be punished with imprisonment of either description for a term not less than two years
and not exceeding ten years and may also be punished with a fine.

(2) In this section-
*‘child’ means ‘a person under eighteen (18) years of age’ ; and
*‘film’ includes ‘any form of video recording’.

Section 360B of the Amendment to the Penal Code
" (1) Whoever-
a) knowingly permits any child to remain in any premises, for the purposes of
causing such child to be sexually abused or to participate in any form of sexual
activity or in any obscene or indecent exhibition or show ;

b) acts as a procurer of a child for the purposes of sexual intercourse or for any
form of sexual abuse ;

c) induces a person to be a client of a child for sexual intercourse or for any form of
sexual abuse, by means of print or other media, oral advertisements or other
similar means ;

d) takes advantage, of his influence over, of his relationship to, a child, to procure
such child for sexual intercourse or any form of sexual abuse ;

e) threatens, or uses violence towards, a child to procure such child for sexual
intercourse or any form of sexual abuse,

f) gives monetary consideration, goods or other benefits to a child or his parents
with intent to procure such child for sexual intercourse or any form of sexual
abuse,

-commits the offence of ‘sexual exploitation of children’ and shall on conviction be punished with
imprisonment of either description for a term not less than five years and not exceeding twenty
years and may also be punished with a fine.

(2) In this section ‘child’ means ‘a person under eighteen (18) years of age.’ "

 

 

 

 

 

LEGISLATION


 

SRI LANKA

Legislation against child sex tourism

Laws and regulations which can be used to:
  • prohibit or prevent the organization and advertising of sex tours and trips
Penal Code Act (Amendment) No. 22 of 1995 Section 286 Clause 02 obscene publications,
exhibitions, indecent photography or filming/video taping
There is no specific offence mentioned in the above act for organizing sex tours.

 

Penalties relating to sex offences and crime against children in the country

  • for the sex exploiter (customer)

Age of child (up to)

Type of sexual offence/crime

Penalty

16 years Section 365 A ; acts of gross indecency between persons 10-20 years rigorous imprisonment
A fine
Compensation to the victim
18 years Section 360 B; sexual exploitation of children 5-20 years of rigorous imprisonment
A fine
Compensation to the victim
18 years Section 360 C; sexual harassment 5 years imprisonment

A fine,
Compensation to the victim

18 years Section 365 B; grave sexual abuse (explanation: Any person who, for sexual gratification does any act by the use of his genitals or any other part of the human body or any instrument on any orifice or part of the body of any other person being an act which does not amount to rape under section 363) 10-20 years rigorous imprisonment
A fine
Compensation to the victim
  • for the manager, controller, pimp or owner of a prostitution place

Age of child (up to)

Type of sexual offence/crime

Penalty

18 years Section 360 A; Procuration 2-10 years imprisonment
A fine
  • for the procurer or trafficker who procures, seduces or traffics another person for prostitution

Age of child (up to)

Type of sexual offence/crime

Penalty

18 years Section 360 A; Procuration
2-10 years imprisonment 

A fine
18 years Section 360 C; Trafficking 5-20 years imprisonment
A fine
  • for the offender who detains or confines another person for prostitution

Age of child (up to)

Type of sexual offence/crime

Penalty

18 years Section 360 A; Procuration
2-10 years imprisonment 

A fine
18 years Section 360 C; Trafficking 5-20 years imprisonment
A fine

 

Other offences

Age of child (up to)

Type of sexual offence/crime

Penalty

18 years Section 286, Clause 2 Obscene publications, exhibitions, indecent photography or filming/video taping
2-10 years imprisonment 

A fine

 

 

 

In Sri Lanka, ratification of the CRC engendered the formulation of a policy document hi 1992 on the rights of children, intended to lead to comprehensive legislation protective of children. A Technical Committee, appointed to consider legislation directed at child abuse, identified certain areas for reform. However, rather than suggesting a separate Act dealing with sexual offences against children, the Committee recommended amendments to the existing Penal Code and to the Code of Criminal Procedure. Thus, the age of consent was raised from 12 to 16 years, new' offences of sexual exploitation of children and oftrafiickiil2 as well as new offences relating to tile use of children in pornography were created. Significantly, here again, the Technical Committee had iii cluded non-goveill mental representatives who had been actively engaged hi combatting the sexual exploitation of children in Sri Lainka. Through the amendments to the Penal Code, their concerns Ii ave been legislatively addressed in a pragmatic and comprehensive manner.

 

 

Australian faces sex charges in Sri Lanka    http://www.theage.com.au/daily/990924/news/news8.html

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