Sexual Abuse
In simple terms, Sexual abuse is, sexual behavior of one person without the
consent of the other person. The law regarding the sexual abuse was introduced by
the Penal Code Amendment Act No. 22 of 1995. The Amendment Act has
introduced Grave sexual abuse as a criminal offense by section 365(B).
According to the above section grave sexual abuse is any sexual act done by using the genitalia or
any other part of the body or any device or any opening in the body of another person or any part
of that person’s body for the purpose of obtaining sexual satisfaction.
Above mentioned sexual act can be done under following circumstances,
- Without the other’s consent or
- By using force or
- By intimidation or
- By causing fear of death or injury to that other person; or
- With the consent obtained while the other person is being unlawfully detained or
- With consent obtained while the other was unconscious or
- Consent obtained while the other person is under the influence of alcohol or drugs.
To establish the offense of rape under section 363 of the penal code penetration is necessary. To
establish the penetration male penis must have been inserted into a woman’s vagina. Any sexual
act without such penetration may constitute grave sexual abuse.
Punishment for the offense
A person who commits grave sexual abuse shall be punished with rigorous imprisonment for a
term not less than 7 years and not exceeding 20 years and with fine.
Also, the victim of sexual abuse is entitled to an amount of compensation determined by the court
from the person who committed the crime.
In addition to this, any person who commits grave sexual abuse to person under 18 years of age,
i.e. a child, shall be punished with rigorous imprisonment and with a fine, not less than 10 years
and not exceeding 20 years, and the court may also order the accused to pay compensation for the
victim.
Although there are many victims of sexual abuse in today society, such cases are unreported due
to various reasons such as shame, fear, certain social attitudes and ignorance. A person who is a
victim of a such situation can get help from the following places and institutions.
- Sri Lanka Police – 119
- Sri Lanka Police Children and Women Bureau – 011 2444444
- Women’s Aid Service – 1938
- National Mental Health Helpline – 1926
- National Child Protection Authority – 1929
- Women In Need Legal Service – 076 8686555
- Women In Need Counselling – 0775676555
Source: Women In Need