Maximum punishment for rape of male children; amendments gazetted

The Justice Ministry has gazetted amendments to the Penal Code criminalising the rape of male children and ensuring offenders can be given the same maximum prison sentence of 20 years given to those found guilty of raping girls.

Until now, sexual abuse of male children was classified as grave sexual abuse, with a maximum prison sentence of five years. The Justice Ministry took measures to amend the Penal Code to criminalise male rape considering the alarming number of cases of male children being raped and international laws regarding the offence, the Justice Ministry’s Additional Secretary, Piyumanthi Peiris, told the TimesOnline.

In addition, the Justice Ministry is also amending laws related to statutory rape. At present, sexual intercourse with a girl below the age of 16—with or without her consent—amounts to statutory rape. Authorities, though, have noticed that there are many instances where the sex is consensual due to a romantic relationship.

Accordingly, the Justice Ministry is introducing an amendment to give the High Court power to pass judgment in relation to statutory rape cases between girls aged 14–16 and boys below 22 years of age. At present, statutory rape carries a maximum sentence of 10 years of rigorous imprisonment. The amendment, however, will enable the High Court to impose a suspended 10-year rigorous imprisonment on the accused if the court is satisfied that there was a romantic relationship between the two parties and that they had engaged in consensual sex.

Authorities have noted that consensual sex that occurs as a result of romantic relationships between girls aged 14–16 and boys aged below 22 years is also being considered rape owing to other influences, the Additional Secretary said. She added that the amendment was being introduced on practical and compassionate grounds.

By: Ranjith Padmasiri