Rape remains a widespread growing issue in Sri Lanka: Court of Appeal

 

*Court emphasises that convictions for rape carry far-reaching consequences not only for victims but for society at large

The Court of Appeal, in its judgement, observed that rape remains a widespread and growing issue in Sri Lanka, casting a long shadow over the nation’s social fabric.

While dismissing an appeal filed by a man convicted of raping a 15-year-old girl, the Court of Appeal emphasised the growing prevalence of sexual violence in Sri Lanka and its devastating impact on society.

Court of Appeal Justice Amal Ranaraja, with Justice Sasi Mahendran agreeing, observed that rape is “not merely a crime, but a curse that strikes at the very heart of the community,” stressing that the offence continues to cast a dark shadow over the nation’s social fabric. The Court noted that rape leaves deep psychological wounds on victims and instils fear among women, making it imperative for the justice system and society to respond decisively to protect safety, dignity, and respect for all.

It was revealed that the accused was a 27-year-old married man at the time of the offence, while the victim was only 15 years old. The incident happened on or around November 01, 2006 and December 31, 2006, at Adippala in Chilaw.

The DNA evidence presented during the trial confirmed that the accused fathered the child born to the victim.

The Attorney General had indicted the accused on three counts of rape under Section 364(2) of the Penal Code (Amendment) Act No. 22 of 1995. The accused pleaded guilty to all three charges and was subsequently sentenced by the Chilaw High Court to 18 years of rigorous imprisonment on each count, with the sentences to run concurrently.

Challenging the legality and severity of the sentence, the accused argued before the Court of Appeal that the 18-year term was excessive, given that the sentences ran concurrently. However, Additional Solicitor General Shanil Kularatne countered that the accused had been in a position of trust and acted as a guardian to the victim at the time of the offences, responsibilities he gravely violated.

In dismissing the appeal, the Court of Appeal held that the sentence imposed was neither illegal nor excessive. The Court emphasised that convictions for rape carry far-reaching consequences not only for victims but for society at large. Ensuring that perpetrators of serious sexual offences are dealt with appropriately is vital for upholding justice and deterring future crimes.

The Court further observed that the victim, a minor at the time, had endured severe physical and psychological trauma, including the burden of childbirth at an age of profound vulnerability and unpreparedness.