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Marital rape to be a punishable offence

2017-12-15 02:23:35
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Amendments will be introduced to the Penal Code shortly to make marital rape a crime and a punishable offence and cabinet approval has been granted to a proposal made in this respect by Justice and Foreign Employment Minister Talatha Atukorale.

Marital rape is the act of sexual intercourse with one's wife without her consent. It is a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of the husband, engaging in the act without the spouse's consent is now widely recognized by law and society as wrong and as a crime, a senior source of the Justice Ministry said.

“It is recognized all over the world that sexual intercourse even with the legal wife without her consent is a crime. Our objective is to give the opportunity to a woman to take legal action against her own husband who has raped her. Sri Lanka’s Penal Code does not recognize this offence as a punishable offence now thought it is also a domestic violence,” she added.

She pointed out that women in Sri Lanka in many instances are reluctant to lodge a complaint with the Police against her husband though she becomes a victim of domestic violence and rape based on religious, cultural, social and family values. But some legal measures are required to arrest this negative trend which is on the rise, she stressed.

She also said making marital rape a crime is also a condition laid by the EU to withdraw the ban of the GSP+ on Sri Lanka.

To amend the clause 362 A of the Penal Code for the purpose has been referred by the cabinet to the Legal Draftsman and the law will be in place in the first half of 2018, she said. (Sandun A Jayasekera)


  Comments - 48

  • Param Friday, 15 December 2017 02:57

    The third world does not think , the western nations do it for us. How can we allow the European Union to dictate to us to make martial rape a crime. We should debate these issues on our own and decide to take proper actions without any outside interferences.

    Reply : 49       37

    Lord Wolfstein Friday, 15 December 2017 09:51

    If the EU did not force Third World countries to uphold human rights, many of these countries would still be at a barbaric level.

    Reply : 18       36

    das Friday, 15 December 2017 11:04

    Don't YOU think it is a crime? Do you need to discuss it with other people whether it's a crime?

    Reply : 3       37

    Banda Friday, 15 December 2017 13:44

    Hey Lord Wolfe, people like you always needs the White Man to tell you when to do and how to do.

    Reply : 21       7

    inferiority complex Friday, 15 December 2017 15:46

    @banda. Are you saying this is not a crime?

    Reply : 2       20

    WalUura Friday, 15 December 2017 02:59

    About time, but will the perpetrators ever be punished by our corrupt judiciary? This has become part of SL culture including with prominent people in our society. Women are abused everyday but a vast majority are too scared to complain. The courageous women who do come forward are torn to shreds in court.

    Reply : 9       51

    SLM Friday, 15 December 2017 03:31

    While I appreciate this rule to some extend it is not entirely right to impose this law .It is duty of wife to share life with her husband if she not like that she should not divorce and live on her own .what the point of marriage

    Reply : 50       24

    Lord Wolfstein Friday, 15 December 2017 09:46

    That's the difference between humans and animals. No means no, even in a marriage.

    Reply : 4       30

    thalak Friday, 15 December 2017 11:05

    Divorce is not permitted in certain religions.

    Reply : 7       8

    bbod Friday, 15 December 2017 11:07

    Getting a divorce is not easy in Sri Lanka

    Reply : 3       26

    sanjeeva Friday, 15 December 2017 03:51

    If a wife who is friendly with another man and wants to put the current husband in trouble, can make a marital rape complaint. How will the courts deal with such cases.

    Reply : 16       57

    R K Friday, 15 December 2017 11:20

    Rape is a criminal offence thus the burden of proof will be on the prosecution . The accused will be considered and treated as an innocent , until proven guilty beyond reasonable doubt

    Reply : 2       27

    Kevin Thursday, 24 May 2018 09:07

    If a wife is raped on a daily basis by the husband and there is no legal avenue that the country provides for her (which is her right) how would SHE deal with that?

    Reply : 0       0

    Dudley Gunasena Friday, 15 December 2017 05:08

    I remember in NSW, a medical professional was convicted and incarcerated for 4 years and later released on parole after two and half years. He was later allowed to practise conditionally under supervision. It is heartening to hear that they are trying to amend the Penal Code in Sri Lanka. There are thousands of women suffering in silence over there.

    Reply : 6       33

    ceylon Friday, 15 December 2017 05:31

    every one has their own life.no one is second to any one.impliment this equall rights.create civilise society.wrong is wrong and right is right. via DM Android App

    Reply : 5       38

    Nihal Amarasekera Friday, 15 December 2017 09:54

    Considering the sensitiveness of a would be complain and case suggest establishment of a MRCID (on the lines of FCID).

    Reply : 1       1

    Jude Friday, 15 December 2017 10:21

    Whoa!! I am very very interested, how will the wrong doers will be prosecuted!!?? I guess in SL things go out of hand!! And too far!!!?? Yep!!! Believe me the real culprits will do their business without hinderence !!! However, some husband's will be subject to prosecution as the wife wielding the law unto the "Bedroom"

    Reply : 4       7

    R K Friday, 15 December 2017 11:28

    So it can be implemented successfully in many other countries , but not in Sri Lanka ? That's absurd

    Reply : 1       12

    kaboos Friday, 15 December 2017 10:37

    Is the same law applies to wife too.. Even some ladies are deadly than the men.

    Reply : 1       14

    NDeS Friday, 15 December 2017 11:06

    Time you got a divorce, my friend. :-)

    Reply : 2       13

    Chari Friday, 15 December 2017 10:38

    We are not governed and ruled by the EU... If we become their tool.....cry for my country in silence..

    Reply : 15       8

    asmo Friday, 15 December 2017 11:14

    It's not a crime then?

    Reply : 3       10

    R K Friday, 15 December 2017 11:27

    What has the EU got to do with this ?

    Reply : 0       17

    Sri Lankan Friday, 15 December 2017 10:41

    What if the wife rapes the husband?

    Reply : 2       20

    Katus Friday, 15 December 2017 11:57

    you will get pregnant

    Reply : 2       16

    SENA Friday, 15 December 2017 13:41

    Then husband gets a promotion - FATHER

    Reply : 1       6

    Kevin Friday, 15 December 2017 11:05

    Good idea in principle. But how do we prevent false complains against men in a scenario where there are no witnesses? Or are we to install web cameras in every bedroom, or get a woman to sign a 'no objection' certificate prior to intercourse? The fare more important thing to tackle forced marriages of girls as young as 12. Yes, that is happening in 21st Century Lanka while everyone is focused on politicians in in America having affairs with 15 year old girls. Ref: . http://www.bbc.com/news/world-asia-39898589

    Reply : 3       12

    R K Friday, 15 December 2017 11:25

    Innocent until guilt is proven beyond reasonable doubt by the prosecution. This law is there in many countries. If they can implement it , why would it be impractical just in Sri Lanka ? Do we live on a different planet or something ?

    Reply : 3       9

    Ahamed Friday, 15 December 2017 11:54

    Good point buddy, this should be avoided, there should be strict laws to tackle this. Age limit should be at least 18 yrs to be married.

    Reply : 2       11

    fareed Friday, 15 December 2017 11:59

    Rape cannot be proven without an eyewitness and confession.

    Reply : 7       4

    acs Friday, 15 December 2017 13:39

    @fareed. Not really, there are other ways.

    Reply : 1       3

    Kevin Dil Thursday, 24 May 2018 09:09

    12 year old marriages, yes very true!! Need to amend it ASAP! But I think this is also important, especially if you're a wife who is abused and raped on a daily basis by your husband. There are many cases like these too.

    Reply : 0       0

    Kevin Dil Thursday, 24 May 2018 09:10

    Fareed, there are other ways, I know since my mother is a consultant JMO.

    Reply : 0       0

    R K Friday, 15 December 2017 11:23

    While preaching about equality , why are everyone only talking about situations where a Husband forces his Wife to have sex with her ? What if it happens the other way around ? Is that Not a crime ? Or is the Husband expected to oblige every single time his Wife wants to have Sex ?

    Reply : 2       14

    fareed Friday, 15 December 2017 11:57

    Anyway rape is wrong and any kind of rape marital or otherwise but I suggest that make polygamy legal, so that no one will involve in marital rape or premarital rape. Well, just a thought.

    Reply : 3       4

    das Friday, 15 December 2017 12:11

    Polygamy will lead to polymarital rape.

    Reply : 0       8

    bbod Friday, 15 December 2017 13:06

    @das ..or marital polyrape

    Reply : 0       2

    malkanthie Friday, 15 December 2017 12:07

    Obtain written approval before each time.

    Reply : 0       15

    Ad Friday, 15 December 2017 13:39

    Best solution is not to get married. Let the women remain as they are.

    Reply : 0       9

    sena Friday, 15 December 2017 13:44

    Most married men look for adventures out of the home. Still, I appreciate the move.

    Reply : 3       7

    Aha Friday, 15 December 2017 14:59

    First please punish the people who have already sined. Many walk free after child abuse and many more crimes. Bring new laws are good but they should be implemented.

    Reply : 0       3

    alex Friday, 15 December 2017 15:31

    Fareed-Rape cannot be proven without an eyewitness and confession.That is only in Islamic countries which will never implement a progressive law like this, while claiming their religion is the only one to liberate women and guarantee freedom

    Reply : 3       6

    Rajin Friday, 15 December 2017 17:30

    Good move. This is a market based approach carefully calculated by the EU for the advancement of our country.This will open up an expanded market for Prostitution and brothels. More (economic) activities for a vibrant economy.

    Reply : 5       6

    Red Light Friday, 15 December 2017 18:21

    It is not a bad idea . But the government has to look into the parallel alternatives to avoid violence arising by implementatino the law. Either leagalise the prostitution and open Red Light areas in each city

    Reply : 1       4

    S.P.RAMKUMAR Friday, 15 December 2017 18:21

    Once both wife and husband sexually tuned only sexual intercourse will be ended happily. Law have to explain how to do without complain. because it may lead more divorce and increasing living together method.

    Reply : 0       2

    Yasin Friday, 15 December 2017 18:41

    Sex is a natural need and marriage is an institution to fulfill such need with the consent or mutual agreement of both parties. I do not know of any cases in married lifewhere a wife has denied sex to her man. Men and women need sex and men need it more than the women. It is the obligation of the woman to provide the needs of the man and failure to do so will find men seeking an illicit relationship or the services of a flesh trader who serve the needy and the greedy.In this issue there are culture differences and every country has its own brand of culture which cannot be diluted.

    Reply : 5       4

    Wise Donkey Saturday, 16 December 2017 08:45

    Highest number of comments ever for this single issue and glad to read them.............

    Reply : 1       4

    Dee Saturday, 16 December 2017 17:54

    No worries . All the husbands can get 'interim orders' any judge (Sri Lanka ones) will give it. And 'party on' . No worries !

    Reply : 0       1

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