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Inadequacy of Legal Protection for Rape Victims: Analysis of High Court Cases in Negombo Division of Sri Lanka

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The current social structure is centered on an archaic patriarchal ideology which has been a cause of oppression of womankind in Sri Lanka. This is clearly reflected in the increasing number of crime incidents against women. Rape is one such crime which causes physical and mental injury. Justice for the victims demands legal protection and assistance to them from the criminal justice administration. The question arises whether rape victims in fact receive true justice. The objective of the study is to ascertain whether the existing rape law adequately provides the legal protection for the victims of rape. To achieve this goal, High Court cases which were concluded in 2018 pertaining to rape in Negombo were analyzed. The data was analyzed to understand the vulnerability young girls for the offence of rape, the relationship between the accused and victim, delays in concluding the case, inappropriate punishment and inadequate compensation to prove the inadequacy of legal protection for rape victims in Sri Lanka. This study includes a total of 14 rape cases which were disposed (disposed pronouncing the judgment) by Negombo High Court in the year 2018.
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Inadequacy of Legal Protection for Rape
Victims: Analysis of High Court Cases in
Negombo Division of Sri Lanka
Muthukuda Arachchige Dona Shiroma Jeeva Shirajanie ,Ph.D. Research Scholar, KLS, KIIT,
Bhubaneswar, India
Professor (Dr) N.K.Chakrabarti, The Vice Chancellor of West Bengal University of Juridical
Sciences, Kolkata, India
Professor (Dr) Arpita Mitra , Professor of KIIT Law School, KIIT, Bhubaneswar, India
Dr. Bhupal Bhattacharya, Assistant Professor, Raiganj University, West Bengal, India
Corresponding Author, Email: bhupalbhattacharya@gmail.com
Article Info
Volume 83
Page Number: 15343 - 15353
Publication Issue:
May - June 2020
Article History
Article Received: 1May 2020
Revised: 11 May 2020
Accepted: 20 May 2020
Publication: 24May 2020
Abstract:
The current social structure is centered on an archaic patriarchal
ideology which has been a cause of oppression of womankind in Sri
Lanka. This is clearly reflected in the increasing number of crime
incidents against women. Rape is one such crime which causes physical
and mental injury. Justice for the victims demands legal protection and
assistance to them from the criminal justice administration. The question
arises whether rape victims in fact receive true justice. The objective of
the study is to ascertain whether the existing rape law adequately
provides the legal protection for the victims of rape. To achieve this
goal, High Court cases which were concluded in 2018 pertaining to rape
in Negombo were analyzed. The data was analyzed to understand the
vulnerability young girls for the offence of rape, the relationship between
the accused and victim, delays in concluding the case, inappropriate
punishment and inadequate compensation to prove the inadequacy of
legal protection for rape victims in Sri Lanka. This study includes a total
of 14 rape cases which were disposed (disposed pronouncing the
judgment) by Negombo High Court in the year 2018.
Keywords: oppression , womankind, victim, justice, rape , Negombo,
punishment
INTRODUCTION
Sex related offences take place in every
society. Sri Lanka is not an exemption. As
Mazumdar Tulip, Global Health Reporter,
said to BBC one out of ten of Sri Lankan
males who have been surveyed said that they
have penetrated a woman including their
wives without consent which is amount to
rape (Mazumdar 2013). According to World
Population Review 2019 (acceded the web
document on 03rd November 2019),
approximately 35% of women worldwide
were subjected to any form of sexual offence
in their life time. World Population Review
2019 further stated that Sri Lanka recorded
its rape rate as 7.3 against 21,323,733 total
population as at the beginning of 2019.
Police Department statistics reveal that the
number of reported rape incidents increased
by 30% during the period from 2000 to 2007
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(Perera and Edirisinghe 2008). It is important
to note many rape incidents remained
unreported and is higher than the number of
the reported incidents (Edirisinghe,
Wijewardena at al 2014).
Rape is regarded as a form of violence
sexual violence. As some scholars say
women are more vulnerable to sexual
offences especially rape than men. Women
are more susceptible for sexual offences
including rape than the other criminal
offences (Jewkes, Sen, Garcia-Moreno
2002). As a direct harm of rape, a victim
suffers both physical and mental grievances.
On some occasions, as a result of rape victim
has to undergo rigorous as well as
irreversible nature of bodily and metal
harm/injury. In many instances rape victims
must undergo social stigma, and other socio-
economic issues. Often, they do not receive
justice and must suffer secondary
victimization whilst they interacting with
officials of the criminal justice system
(Sanders 2002; Uli Orth 2002; Bednarova
2011). As the Supreme Court ( V R Krishna
Iyer ) of India pointed out in RattanSing vs
State of Punjab (1979 4 SCC 719), victims of
crime do not attract the proper and adequate
attention of the Indian law is a weakness of
Criminal Law jurisprudence and that
deficiency in the system should be rectified
by the legislature. This is equally applicable
to Sri Lankan Criminal Law jurisprudence as
well.
As some scholars’ state, rape is not merely a
criminal offence which is committed against
(woman) human body it has escalated to a
situation of social and health problem in the
society and this issue has seriously affected
developing counties. Though there was not
an island wide survey conducted to
understand the consequences of rape in Sri
Lanka it is well a known fact that the rape
victim has to experience both short and long
term issues such as physical, mental, sexual
and reproductive health problems as a result
of rape (Tara, Catherine, Marcum 2015).
Sri Lanka is a country has a man centered
traditional culture. Unlike other criminal
offences, rape has several ill consequences
which negatively affect on a woman
physically, psychologically, socially as well
as economically. Therefore, bringing
perpetrator before the justice and punishing
him is essential. The punishment should be
sufficient to repair the harm experienced by
the victim which done through a speedy
proceeding.
1. Objectives of the research
The research was conducted to
explore/investigate whether the existing rape
law is adequately providing the legal
protection for the victims of rape.
2. Method and Observations
This study was conducted on the rape cases
concluded by the High Court in Negombo in
2018. Only 14 rape cases were concluded by
pronouncing the judgment in 2018. The
relationship between offender and victim,
vulnerability of underage females who were
victims of rape, the time period between the
incident took place and served the indictment
at the High Court, the time period between
serving the indictment and concluding the
case (delay in proceedings), pattern of
sentencing and pattern of awarding
compensation order were analyzed to reached
the above said goal. Rape incidents reported
to the police in Negombo and Island wide
from 2010 to 2017 were considered to
endorse the increase of rape incidents.
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Table 1: Figures of Island wide all
types of crime incidents against rape
cases from 2010 to 2017*
Source: Statistics of grave crimes issued by
the Department of Police in Sri Lanka.
* 2018 statistics not available to the public
and it is still under processing.
**statistics available only in the first
quarter
Total number of rape incidents reported
*100 = Rape incidents as a percentage of
the total number of crime
Total number of crime incidents reported
The figures in the table 1 reveal that rape
incidents as a percentage of the total number
of crime has been increased from 2010 to
2017. The percentage increase was 4.37
(7.59-3.22=4.37). Therefore, one may state
the incidents of rape have increased over the
past years. It calls legal protection to rape
victims are imperative.
Table 2: Figures of Island wide rape
cases against rape cases in Negombo
Police Division from 2010 to 2017
Island
wide
Rape
Cases
Rape
Matters
complained
to
Negombo
Police
Crime
Branch
Percentage
(Negombo
against
Island
wide
1854
40
2.1%
1870
29
1.5%
460
09
1.9%
2181
46
2.1%
2008
59
2.9%
2033
64
3.1%
2036
Data is not
available
***
2732
72
2.6%
Source: Statistics of the distribution of grave
crimes issued by the Department of Police in
Sri Lanka.
* 2018 statistics not available to the public
and it is still under processing.
**statistics available only in the first
quarter
*** percentage could not be calculated due to
the unavailability of data of rape matters
which were complained to Negombo police
division (crime branch) in 2016.
Percentage was calculated as follows
Total rape incidents in Negombo *100 =
Rape incidents in Negmbo aa percentage
Total rape Island wide
The data reveals that there was a decrease
of rape cases in Negombo in 2011
compared with year 2010. On the
contrary, there was a slight raise in rape
complaints in same period. Reported rape
cases in Negombo have been gradually
Year
Total number of
crime incidents
reported
Total number of
rape incidents
reported
Rape incidents as a
percentage of the total
number of crime
2010
57,560
1854
3.22%
2011
54,357
1870
3.44%
2012**
13,209
460
3.48%
2013
55,349
2181
3.94%
2014
50,962
2008
3.94%
2015
40,188
2033
5.05%
2016
36,930
2036
5.51%
2017
35,978
2732
7.59%
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increased from 2013 to 2017. However,
the percentage decreased from year 2015
to 2017. When summarizing the data in
this table, one may conclude that there
was an increase of the rape incidents in
the country.
Year
Total
crime
incidents
in
Negombo
Total
rape
cases in
Negombo
N%
2010
1925
40
2.07%
2011
1837
29
1.57%
2012**
409
09
2.20%
2013
1917
46
2.39%
2014
1839
59
3.20%
2015
1246
64
5.13%
2016
477
Data is
not
available
***
2017
1275
72
5.60%
Source: Statistics of the distribution of grave
crimes issued by the Department of Police in
Sri Lanka.
Total number of rape incidents reported in
Negombo*100= Rape incidents as a
percentage of the total number of crime in
Negombo (N%) Total number of crime
incidents reported in Negombo
The data in table 3 demonstrates that in
Negombo area rape cases have been raised as
a percentage (N%) of the total crime
incidents from 2010 to 2017 except in 2011.
When summarizing the data in 1, 2 and 3,
one may state that rape cases in the country
and in the Negombo division is increased
annually.
Table 4: The time taken to conclude
the case
In respect of the total duration was taken to
conclude the case, data in the above table
demonstrates that the minimum period
between the incident took place and the
judgment pronounced by the High Court was
05 years. Out of the 14 cases there were 3
such cases. 10 cases were concluded by
pronouncing the judgment within 10 years
period from the date of the incident took
Case
Reference
Number
The date of
the offence
committed
Serving
date of the
indictment
The date of
the
judgment
given by
the High
Court
Approximat
ely the time
taken from
the incident
date and the
indictment
serving date
Y:
M:
Approximat
ely the time
taken or the
High Court
proceedings
Y:
M:
Approximat
ely the time
taken to
conclude the
case
Y:
M:
HC57/2014
08.03.2004
02.01.2016
12.02.2018
11
10
02
01
13
11
HC383/2016
07.03.2010
12.10.2016
07.03.2018
06
07
01
05
08
00
HC154/17
10.02.2013
17.03.2017
02.04.2018
04
01
01
01
05
02
HC320/2017
14.12.2010
12.06.2017
11.06.2018
06
06
01
00
07
06
HC578/17
10.01.2011
17.11.2017
08.05.2018
06
10
00
06
07
04
HC423/17
9.11.2012
14.07.2017
12.06.2018
04
08
00
11
05
07
HC404/10
12.11.2007
10.12.2010
03.09.2018
03
01
07
09
10
10
HC129/17
17.03.2012
24.03.2017
05.09.2018
05
00
01
06
06
06
HC120/17
27.04.2007
13.03.2017
16.10.2018
09
11
01
07
11
06
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place. 03 cases were concluded between 15
years from the date of the incident. Only in
01 case the total case pending period was 19
years.
It was observed that the minimum period
between the date of incident and the date of
serving the
indictment was 03years and the maximum
was 11 years. In 02 cases this period was
more than 10 years. In 08 cases, it was from
3 to 6 years. The rest of the cases (4 cases)
State was able to indict against the accused
between 6 and 9 years from the date of the
incitement took place.
The period for Court proceedings in the
High Court was ranged from (minimum)
6 months to 14 years (the maximum).
Only 2 cases were concluded in a time
duration which was less than 1 year. In 7
cases the High Court concluded the court
case between 1 and 2 years. 3 cases were
disposed within 2 - 3years. In 2 cases
period for the court proceedings was
more than 5 years. In those 2 cases the
High Court took 7 and 14 years
respectively to conclude the court
proceedings.
Table 5: Relationship between the
offender (rapist) and rape victim
Case Reference
Number
The correlation of
the offender to the
victim
HC57/2014
Boy Friend
HC383/2016
Step Father
HC154/17
Boy friend
HC320/2017
Relative
HC578/17
Boy friend
HC423/17
Father
HC 404/10
Unknown person
HC129/17
(former) Boy friend
HC120/17
Friend
HC79/2017
Relative
HC348/16
Friend
HC119/2016
Friend
HC50/2014
Boy friend
HC332/04
Known person
According to the data in this table, in 4
cases the perpetrator was the boy friend.
In 1 case the former boy friend was
accused for the offence of rape. In 1case
the step father has raped the victim.
Father of the victim was accused in 1
case. In 2 cases the relative of the victim,
in 3 cases, friend of the victim and in 1
case a known person (neighbor) was
alleged to have committed the offence of
rape. Only in 1 case the victim was raped
by an unknown person. The data
revealed that except 1 case, all the other
cases, the perpetrator was known to the
victim.
Table 6 : The age of the victim and
offender
Case Reference
Number
Age of the
offender
Age of the
victim
HC57/2014
Above 18
Below 16
(15 years)
HC383/2016
Above 18
Below 16
(11 years)
HC154/17
Below 18
(16 years)
Below 16
(15 years)
HC320/2017
Below 18
Below 16
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(16 years)
(8 years)
HC578/17
Above 18
(19 years)
Between 18
and 16
(16 years)
HC423/17
Above 18
Below 16
(13 years)
HC 404/10
Above 18
Above 18
HC129/17
Above 18
Above 18
HC120/17
Above 18
(23 years)
Between 16
and 18 (16
years)
HC79/2017
Above 18
Above 18
HC348/16
Above 18
Below 16
(13 years)
HC119/2016
Above 18
Above 18
HC50/2014
Above 18
(34 years)
Below 16
years (15
years)
HC332/04
Above 18
Between 16
and 18 (17
years)
According to the data in this table, 7
victims were below 16 years, 3 victims
were between 16 and 18 and 4 victims
were above 18 years who can be
considered as adult. The data further
reveals that only 2 offenders were below
18 who are children. Only 1 offender is a
youthful offender who was between age
18 and 22 years. Rest of the offenders
was adults
Table 7: Pattern of punishment
Case
Reference
Number
Convicted /
Acquitted
Sentence
HC57/2014
Acquitted
N/A
HC383/2016
Convicted
Suspended
sentence
HC154/17
Convicted
Suspended
sentence
HC320/2017
Convicted
Suspended
sentence
HC578/17
Convicted
Suspended
sentence
HC423/17
Convicted
Jail
sentence
HC 404/10
Convicted
Jail
sentence
HC129/17
Acquitted
N/A
HC120/17
Convicted
Suspended
sentence
HC79/2017
Acquitted
N/A
HC348/16
Acquitted
N/A
HC119/2016
Acquitted
N/A
HC50/2014
Convicted
Suspended
sentence
HC332/04
Acquitted
N/A
Case
Reference
Number
Who paid the
compensation
Amount
Offender
/State
HC57/2014
N/A
N/A
HC383/2016
Offender
Rs.
50,000/-
HC154/17
Offender
Rs.
50,000/-
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HC320/2017
Offender
Rs.
50,000/-
HC578/17
Offender
Rs.
50,000/-
HC423/17
Offender
Rs.
50,000/-
HC 404/10
compensation
was not
awarded
N/A
HC129/17
N/A
N/A
HC120/17
Offender
Rs.
50,000/-
HC79/2017
N/A
N/A
HC348/16
N/A
N/A
HC119/2016
N/A
N/A
HC50/2014
Offender
Rs.
100,000/-
HC332/04
N/ A
N/A
From the total 14 cases, 8 resulted in the
accused being convicted. Out of the 8
convictions 6 offenders were imposed with
suspended sentencing. Jail sentences were
imposed only on 2 offenders. The common
punishment for rape is a suspended
sentenceCompensation was imposed only on
the offender. None of the case awarded State
compensation order. Compensation award
was not issued in the event of the offender
was acquitted. The most common amount of
the compensation was Rs. 50000/- and in 6
cases the amount of compensation was Rs.
50,000/- . Only in 1 case the Court ordered
the offender to pay Rs.100,000/- to the
victim.
3. Discussion
4.1. Rape Law
Rape is a form of sexual violence. As stated
earlier, rape has become a common social
problem in every jurisdiction including Sri
Lanka. In Sri Lanka the term 'crime' is
defined neither in the Penal Code No 2 of
1883 as amended (the major penal statute)
nor any other specific penal statute.
However, the term 'offence' has been defined
in section 38 of the Penal Code. Accordingly
the term 'offence' refers to an action or illegal
omission which is made punishable by the
Penal Code any other statute providing for a
criminal offence (Cadiravelu vs Suppaiya
(1904) 8 NLR 74; Don Thomas vs Dn
Girigoris (1912) 1 CAC 76; Rosa vs Tissera
(1916) 3CWR 46; Perera vs Munaweera
(1954) 56 NLR 433; Khan vs Ariyadasa
(1965) 67 NLR 145). In Sri Lanka 'criminal
offence' is a gender neutral human behaviour
unless it is specifically stated in a penal
statute. Nonetheless, rape is the only criminal
offence which can be considered as a gender
specific criminal offence committed only
against women. The Penal Code provides a
similar meaning to the offence of rape which
is used in common parlance. In common
knowledge rape means 'a sexual intercourse
committed by a man with a woman without
her consent' which is similar to the dictionary
meaning in Webster Comprehensive
Dictionary (Markwordt, Cassidy and Mc
Millan 1958). The provisions in the Penal
Code relating to rape were substantially
amended in 1995 by enacting the
amendment, Penal Code Amendment, No. 22
of 1995. It was further amended in 1998 by
passing Penal Code Amendment, No 29 of
1998. The above said two amendments were
introduced by the law maker having the aim
of guarantee the legal protection of both
women and children from sexual offences
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including rape. By enacting the
aforementioned amendments some changes
were introduced to the law relating to rape.
They are ..
Incest, gang rape, custodial rape, (a woman
who is raped while she is in custody of any
administrative officer or in custody of any
institution), non-custodial rape (a woman
who is raped while she is not in lawful
custody but in custody of a person either a
friend or another known person) and marital
rape (with some conditions) were included in
to the rape law provisions;
The age considered for statutory rape was
raised from 12 year to 16 years;
Mandatory minimum sentencing rule was
incorporated to then existed rape law; and
Compensation for victim was made
mandatory to the victim as penal redress.
In 2015, the Assistance to and Protection of
Victims of Crime and Witnesses Act, No. 04
of 2015 was enacted with the aim of
protecting crime victims and witnesses from
secondary victimization when they interact
with the justice system as victims and
witnesses. Section 3refers to the rights of the
crime victim while section 4 denotes to the
entitlements of victim of crime. Sections 28,
29 and 30 set out the law in respect of
compensation for the victim of crime.
Among all other developments in this Act,
introducing the 'State compensation' is the
most significant.
4.2 The drawbacks in the system
The increase of number of rape incidents
suggests the necessity of robust legal
protection for rape victims in the legal
system of the country.
4.2.i. Delay in concluding the case
Rape is an indictable offence (First Schedule
of the Code of Criminal Procedure Act, No.
15 of 1979 Cr.P.C). Only High Court can
exercise the jurisdiction of the first instance
to hear a rape case. The particular law does
not have any provision regarding minimum
or maximum period to be taken to hear a
case. Only section 120 (1) Cr.P.C. states that
the investigation should be completed
without any unnecessary delay. There is an
opinion among the general public, that
victims should be awaiting for a long period
from reporting the first information until
starting the court proceedings (hearing)- laws
delay. It made the victim to wait for the long
period to give evidence at the trial. In this
study it was found, from 2010 to 2017, 319
rape incidents were reported to the Negombo
police (see Table 3). In the 14 cases, the most
recent rape matters which were concluded by
the High court took place in 2013. There
were only 3 such cases. In this study it was
observed that at least 5 years were taken to
conclude a rape case. The study further
observed that rest (11 cases) took more than
5 years to conclude case and it was ranged
from 5 years to 19 years (see Table 4). It
acquaints with us the laws a delay in rape
cases.
4.2.ii. Vulnerability for statutory rape
In a rape case, it is the duty of the
prosecution to prove the case beyond any
reasonable doubt of all the elements of the
offences. More importantly prosecution
should prove that the victim did not consent
to the perpetrator for the sexual intercourse
(section 363 a) and it is not for the defendant
to prove that the victim has consented to the
intercourse (The King vs. Balakiriya (1945)
46 NLR 83; Savinda vs. Republic of Sri
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Lanka(2010) 1SLR 32). The consent should
be voluntary consent which means the
woman should freely agree to submit herself
with out any force, threat, fraud etc. (Inoka
Gallage vs Kamal Addararachchi (2002) 1
SLR 307). When a man has a penetration
(sexual intercourse) with a female child who
is below 16 years, it is considered as
statutory rape. According the present law
relating to statutory rape, it is not necessary
to prove the consent of the victim as it is
immaterial. This is subjected to the exception
of a woman girl child who has entered a
legal marriage bond child marriage (section
363. e). The question arises when a victim is
a girl who is between age 16 and 18. This
being whether the prosecution should prove
beyond a reasonable doubt that the
perpetrator has engaged in penetration with
the women without her consent. In this study
it was found, that in 8 cases the victim was a
girl child who was below 16 year (Table 6).
In the 2 cases, where the victim was between
age 16 and 18 years (Table 6), the
prosecution had to prove both actus reus and
mens rea (the fault element) beyond any
reasonable doubt. It shows that female
children between age 16 and 18 were not
given the status of child.
According to the data in Table 5, in all
statutory rape matters (where the victim is
below age 16) the defendant was a known
person. In most instances the accused was
her boy friend. In 2 cases father and step
father was the accused to have been
committed the offence. Therefore, it may
state, girl children, below 16 years are the
most vulnerable to rape. There is no
mechanism established in Sri Lanka to
support the rape victims to overcome the
physical, mental, health and social issues that
they have to suffer as a result of rape.
4.2.iiiInappropriate punishment and
compensation
Due to the consideration of rehabilitation and
other merciful factors, the offender often,
receives a lenient sentence, many instances
the offender receives suspended sentence.
(Table 7). By 1995 Penal Code amendment
the mandatory sentencing principle was
introduced against the sexual crimes. In the
case HC Anuradhapura Case No 333/2004
SCM 15.10.2008, the Supreme Court held
that section 362(2)(e) of the Penal Code
which refers to minimum mandatory
sentence is a conflict with Articles 4.a, 11
and 12 of the Constitution of 1978, the
Supreme Law in the country. Section 362 (2)
(e) of the Penal Code cannot remove the
discretionary power given to the trial Judge
(who heard the case) - by the Article 125 of
the Constitution -, to impose the most
appropriate punishment on the offender.
Indirectly the Supreme Court’s
pronouncement was section 362(2) (e) is
unconstitutional. As a result of this decision,
in all most all the rape cases offender receive
suspended sentence for such a heinous crime
(Table 7). In this study it was found, 34 year
old defendant was convicted and suspended
sentence was imposed on him (Table 7 - case
reference HC50/2014). Therefore, it may
state that the lesser punishment which is
inflicted on the offender is another aspect in
the criminal justice process that the rape
victim must suffer injustice form.
Part seven of the No 4 of 2015 Act describes
the victims’ entitlement for the
compensation. Thus the convicted person
should pay an amount not exceeding one
million rupees as compensation to the victim
of Crime or a sum of money not exceeding
20% of the maximum fine payable for that
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offence, or both the compensation and the
sum of money referred above. Section 29 of
the Act further recognizes that there should
be a 'protection fund’ to assist the victims,
dependent family members or next of kin. It
demonstrates the acknowledgment of the
responsibility of the State to pay the
compensation in the event of the convicted
person is not in a capacity to pay the
compensation. In this study it was observed
(Table 8), most cases Rs. 50000/- was
awarded as compensation. In only 1 case,
the Court ordered the offender to pay Rs.
100,000/- to the victim as compensation. It
was also observed that there was no single
case found where the victim impact
statement was submitted by the victim party.
Furthermore, no single case found where the
Court ordered the State to pay compensation.
It is also important to state there is no
compensation mechanism/scheme available
in Act, No. 4 of 2015. As a result, the court
has the discretion to decide any amount in
accordance with the Act, No. 4 of 2015. The
ambiguity of this negatively affects on rape
victims.
4. Conclusion
Based on the above observations and
discussion the study may conclude that
53% of the victims of rape are children
below 16 years, 13% convicted, 0% State
compensation, the time taken to conclude
the case ranged from 5 years to 19 years
and 75% offenders were punished with
suspended sentence, 42% the Court
ordered Rs. 50000 /- as compensation,
there is delay in law in rape cases,
inappropriate punishment (suspended
sentence) imposed with inappropriate
compensation and State compensation
was not considered at all in any case.
References
1. Bednarova Jana, (2011), The Hart of the
Criminal Justice System, A Critical
Analysis of the Position of the Victim,
Internet Journal of Criminology.ISSN
2045-6743 (Online). pp 1-46. Retrieved
from
http://www.antoniocasella.eu/restorative/
Bednarova_2011.pdfhttp://pgil.pk/wp-
content/uploads/2014/06/Bednarova_Th
e_Heart_of_the_Criminal_Justice_Syste
m.pdf
2. Edirisinghe A., Wijewardena H., et al ,
(2014), National Guidelines on
Examination, Reporting and
Management of Sexually Abused
Survivors for Medico-Legal Purpose.
Compiled by The College of Forensic
Pathologists of Sri Lanka. Retrieved
from
http://medical.sjp.ac.lk/downloads/forens
ic-
medicine/Medico%20Legal%20Purpose
s.pdfand
http://srilanka.unfpa.org/sites/default/file
s/pub-pdf/
3. Jewkes R., Sen C. and Garcia-Moreno
C., Sexual Violence. In Krug L.L.,
Dahlberg J.A., Mercy A.Z and Lozano-
Ascencio R (Eds), (2002), World Report
on Violence and Health. (pp 147-181)
Geneva, World Health Organization
4. Markwordt, A.H., Cassidy F.G., and Mc
Millan J.G, (1958),Webster
Comprehensive Dictionary. Funk and
Wagnall's Publishing Company,
/Ferguson Publishing Company, US
5. Mazumdar Tulip (2013), Almost a
quarter of men admit to rape in parts of
Asia. 10th Sepetember 2013. Retrieved
May June 2020
ISSN: 0193-4120 Page No. 15343 - 15353
15353
Published by: The Mattingley Publishing Co., Inc.
from http://www.bbc.com/news/health-
21021573
6. Perera and Edirisinghe (2008), Sexual
violence against women in Sri Lanka:
Cases in Rathnapura and Kelaniya Police
Divisions Conference: International
Conference on Social Sciences - RCSS
2008, At University of Kelaniya,
Volume: 1
7. Sanders, A., (2002), Victim Participation
in an Exclusionary Criminal Justice
System. In C. Hoyle, R.Young (Eds.)
New Vision of Crime Victims (pp 197-
222). Hart Publishing.
8. Tara N. Richards Catherine D Marcum
(2015), Sexual Victimization Then and
Now, Sage Publications
9. Uli Orth (2002), Secondary
Victimization of Crime Victims by
Criminal Proceedings.Social Justice
Research,Volume 15, Issue 4. Plenum
Publishing Co. SpringerLink. Retrieved
from
https://link.springer.com/article/10.1023/
A:1021210323461
10. World Population Review (2019)
http://worldpopulationreview.com/countr
ies/rape-statistics-by-country/ (acceded
on 03rd November
11. Cadiravelu vs Suppaiya (1904) 8 NLR
74
12. Don Thomas vs Dn Girigoris (1912) 1
CAC 76
13. HC Anuradhapura Case No 333/2004
SCM 15.10.2008
14. Inoka Gallage vs Kamal Addararachchi
(2002) 1 SLR 307
15. Khan vs Ariyadasa (1965) 67 NLR 145
16. Perera vs Munaweera (1954) 56 NLR
433
17. Rattan Sing vs State of Punjab 1979
SCC 719
18. Rosa vs Tissera (1916) 3CWR 46
19. Savinda vs. Republic of Sri Lanka
(2010) 1SLR 32
20. The King vs. Balakiriya (1945) 46 NLR
83
ResearchGate has not been able to resolve any citations for this publication.
Article
Full-text available
It is conceivable that criminal proceedings cause psychological harm to the crime victims involved, that is, cause secondary victimization. To investigate this hypothesis, negative and positive effects of criminal proceedings were investigated, as perceived by 137 victims of violent crimes who were involved in trials several years previously. Trial outcome and procedure variables were measured as potential causes of secondary victimization. Results show a high proportion of victims reporting overall negative effects. Powerful predictors were outcome satisfaction and procedural justice, but not subjective punishment severity, interactional justice, and psychological stress by criminal proceedings. The practical implications of the results pertain to whether victims should be advised to report the crime to the police or not, and to appropriate prevention and intervention measures of secondary victimization by criminal proceedings.
The Hart of the Criminal Justice System, A Critical Analysis of the Position of the Victim
  • Jana Bednarova
Bednarova Jana, (2011), The Hart of the Criminal Justice System, A Critical Analysis of the Position of the Victim, Internet Journal of Criminology.ISSN 2045-6743 (Online). pp 1-46. Retrieved from http://www.antoniocasella.eu/restorative/ Bednarova_2011.pdfhttp://pgil.pk/wpcontent/uploads/2014/06/Bednarova_Th e_Heart_of_the_Criminal_Justice_Syste m.pdf
National Guidelines on Examination, Reporting and Management of Sexually Abused Survivors for Medico-Legal Purpose. Compiled by The College of Forensic Pathologists of Sri Lanka
  • A Edirisinghe
  • H Wijewardena
Edirisinghe A., Wijewardena H., et al, (2014), National Guidelines on Examination, Reporting and Management of Sexually Abused Survivors for Medico-Legal Purpose. Compiled by The College of Forensic Pathologists of Sri Lanka. Retrieved from http://medical.sjp.ac.lk/downloads/forens icmedicine/Medico%20Legal%20Purpose s.pdfand http://srilanka.unfpa.org/sites/default/file s/pub-pdf/
  • R Jewkes
  • C Sen
  • C Garcia-Moreno
  • Violence
Jewkes R., Sen C. and Garcia-Moreno C., Sexual Violence. In Krug L.L., Dahlberg J.A., Mercy A.Z and Lozano-Ascencio R (Eds), (2002), World Report on Violence and Health. (pp 147-181)
Almost a quarter of men admit to rape in parts of Asia. 10 th Sepetember
  • Mazumdar Tulip
Mazumdar Tulip (2013), Almost a quarter of men admit to rape in parts of Asia. 10 th Sepetember 2013. Retrieved May -June 2020
  • Edirisinghe Perera
Perera and Edirisinghe (2008), Sexual violence against women in Sri Lanka: Cases in Rathnapura and Kelaniya Police Divisions Conference: International Conference on Social Sciences -RCSS 2008, At University of Kelaniya, Volume: 1
Rattan Sing vs State of Punjab
  • Munaweera Perera Vs
Perera vs Munaweera (1954) 56 NLR 433 17. Rattan Sing vs State of Punjab 1979 SCC 719