U-turn on lowering age of consent to 13

Sri Lanka’s government this week reversed its decision to lower the age of consensual sex for girls from 16 to 13 following widespread criticism.

Justice Minister John Senevirathne had Friday told the BBC’s Sinhala service the move to reduce it from 16 is a consequence of rising numbers of arrests of men for sexual relations with girls below that age.

Government spokesman Nimal Siripala de Silva, who is also the minister of health, said the proposal was approved “after much debate and a long review.”

The main opposition United National Party (UNP) condemned the move saying it would “help rapists and paedophiles to escape the law by citing consent.”

“We condemn this attempt by the government to lower the age of consent to 13 years and urge that the age of consent should be increased to 18 years.”

Under the current law, sexual relations with a girl under 16 are treated as rape irrespective of whether they are consensual, and regardless of the male’s age.

But the government reversed its decision after a flurry of telephone calls from incensed citizens following the announcement, The Sunday Island newspaper said.

“There is no proposal, whatsoever, to reduce that to 13 or to any other age,” it quoted Dhara Wijayatillake, a secretary in the Ministry of Justice, as saying Saturday.

“In terms of the Penal Code, consent of the woman is not a defense in charges of rape when the girl is under 16,” it quoted Wijayatillake as saying. “Sexual intercourse with a girl below 16 continues to amount to rape.”

However, she added that the law might be amended to give the attorney general the power to decide whether to prosecute the male in cases in which “the two parties involved are young and the act of sexual intercourse took place with the consent of the girl.”

“It is not always in the best interest of the parties or of justice to prosecute the boy,” she said.

She did not elaborate, but said “our objective is to alleviate what is seen as an injustice,” referring to the risk of prosecution faced by the boy even if there was mutual consent.

But she added: “The ministry does not want to give the wrong message that consensual sex may be engaged in by young persons,” the newspaper said.

Tens of thousands of children are left behind to be cared for by extended families by Sri Lankan mothers who seek employment abroad, often resulting in inadequate supervision and guidance in their upbringing, reports say.

The government says 64.5 percent of the 1.3 million Sri Lankans employed abroad are women.

Add new comment

Plain text

  • No HTML tags allowed.
  • Lines and paragraphs break automatically.
  • Web page addresses and email addresses turn into links automatically.
  • Global and entity tokens are replaced with their values. Browse available tokens.

Restricted HTML

  • You can align images (data-align="center"), but also videos, blockquotes, and so on.
  • You can caption images (data-caption="Text"), but also videos, blockquotes, and so on.
  • Global and entity tokens are replaced with their values. Browse available tokens.
  • You can embed media items (using the <drupal-media> tag).

We need your support

Sri Lanka is one of the most dangerous places in the world to be a journalist. Tamil journalists are particularly at threat, with at least 41 media workers known to have been killed by the Sri Lankan state or its paramilitaries during and after the armed conflict.

Despite the risks, our team on the ground remain committed to providing detailed and accurate reporting of developments in the Tamil homeland, across the island and around the world, as well as providing expert analysis and insight from the Tamil point of view

We need your support in keeping our journalism going. Support our work today.

link button