Regardless of a person’s relationship to the victim, sexual violence is defined as any harmful or unwelcome sexual act, effort to achieve a sexual act through coercion or violence, or act directed at a person’s sexuality without that person’s consent. This involves attempted or actual forced sexual actions, which can be verbal, physical, or psychological. It is prevalent, happens throughout both periods of peace and military conflict, and is regarded as one of the most horrific, extensive, and frequent human rights violations.
Increased chances of sexual and reproductive health issues, HIV infection, and suicide are just a few of the severe short- and long-term physical and mental health effects of sexual violence, which is a major public health concern. Another aspect of sexual violence is murder, which can happen during a sexual assault or as a result of an honor killing that follows a sexual assault. Despite the fact that women and girls are disproportionately affected by these factors, sexual violence can happen to anybody at any age and can be committed by intimate partners, parents, caregivers, friends, and strangers. It is typically an aggressive conduct intended to demonstrate power and domination over the victim rather than a crime of passion.
Sexual violence is defined as “any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work” by the World Health Organization (WHO) in its 2002 World Report on Violence and Health. Rape, which is characterized as physically coerced or otherwise coerced penetration of the vulva or anus using a penis, other body parts, or an object, is included in but not limited to the WHO’s definition of sexual violence. Sexual violence is defined as intentional behavior with the goal of severely humiliating the victims and eroding their sense of dignity. When others are made to see acts of sexual violence, the goal is to scare the general public. Various types of sexual assaults, including forced contact between the mouth and the penis, vulva, or anus, are also included in the category of sexual violence. Coerced contact between the mouth and the penis, vulva, or anus, as well as actions that may not entail direct physical contact between the victim and the offender, such as sexual harassment, threats, and peeping, are examples of sexual assault.
When it comes to sexual violence, coercion can take many different forms. In addition to physical force, it can also include psychological intimidation, blackmail, or other threats, such as the possibility of bodily harm, termination from one’s employment, or failure to land a desired position. It can also happen when the victim is unable to give consent, such as when they are intoxicated, under the influence of drugs, asleep, or intellectually unable to comprehend what is happening.
Legal Framework of Sexual Violence
The Penal Code, which was passed in 1883, is the main source of Sri Lanka’s legislation pertaining to sexual violence.
The sexual violence code was modified in 1995, 1998, and 2006. But there are still a number of issues: The lack of a definition of “consent,” which is essential to comprehending sexual violence, the insufficiency of protection for males in rape cases, and the non-recognition of marital rape as a crime all call for significant legal reforms. In the South Asian countries of Nepal, Bhutan, and the Maldives, raping a woman in marriage is illegal. A helpful explanation of “consent” was offered by the 2013 revisions to the Indian Penal Code, which broadened the definition of rape to include a variety of sexual violence actions. Although rape committed against a male is not covered by the Penal Code’s “Rape” clause, boys and men are not afforded the same protections as women in rape cases under Section 365B.
The evidence rule in Sri Lanka, found in s.155 of the Evidence Ordinance, allows a rape victim’s sexual history to be brought up, institutionalizing victim-blaming in Court.
Victim-blaming is one factor in sexual criminals’ impunity. This statute discriminates on the basis of sex because the victim’s character is only questioned in cases of rape against women, not in relation to any other criminal offense.
Key Facts of Increased Sexual Violence in Sri Lanka
Despite current legislation and initiatives to address the issue, there are a number of interrelated reasons for the rise in sexual violence in Sri Lanka. Among these are systemic, sociological, and financial difficulties:
* Prevalence: In recent years, there has been an increase in accusations of sexual violence, including rape and sexual harassment. Women and children are frequently the victims, and a sizable portion of instances involve minors.
* Underreporting: A considerable underreporting of sexual violence instances is caused by cultural stigma and fear of social consequences. Because of their mistrust of the authorities, lengthy legal procedures, or fear of being victimized again, victims frequently refrain from pursuing legal action.
* Legal Weaknesses: Sri Lanka has strong laws against sexual violence, although they are frequently not enforced consistently. Issues that victims deal with include inadequate support networks and Court system delays.
bPublic Spaces: Sexual harassment in public areas, like buses and workplaces, is nevertheless common and accepted, and those who engage in it face little repercussion.
Steps to Prevent Sexual Violence
A multifaceted strategy including community involvement, education, legal reforms, and enhanced support networks for survivors is needed to end sexual abuse. The following are crucial actions to address this widespread problem:
1. Enhancing Legal Structures
* Implement Current Laws: Close legal loopholes and make sure anti-sexual violence laws are strictly enforced. For instance, it’s crucial to identify marital rape and deal with cybersexual exploitation.
* Quicker Court Procedures: In order to guarantee prompt justice and discourage potential offenders, sexual violence trials should be expedited.
* Enhance Training for Law Enforcement: To handle cases properly and to assist survivors, police and judicial authorities should get sensitivity and gender-awareness training.
2. Encouraging Knowledge and Understanding
* Comprehensive Sex Education: To combat negative preconceptions at an early age, incorporate gender equality, consent, and respectful interactions into school curricula.
* Community Outreach Programs: Run awareness-raising events to combat stigma and promote abuse reporting.
* Digital Literacy: Teach people how to spot and report online abuse, especially when it involves children or other vulnerable populations.
3. Empowering Survivors
* Support Services: Provide hotlines, shelters, and legal assistance so that survivors can get assistance in a private and secure manner.
* Mental Health Resources: To assist survivors in starting over, offer therapy and trauma care.
* Economic Empowerment: To lessen survivors’ reliance on abusers, provide financial independence initiatives and vocational training.
4. Dealing with Social Norms
* Challenge Patriarchy: Encourage gender equality and oppose cultural practices that legitimize violence or sustain victim-blaming.
* Involve Boys and Men: Through education and active involvement in gender equality activities, males can be encouraged to be allies in the fight against violence.
* Reforms to Government and NGO Collaboration Policies: Review and update laws on a regular basis to take into account the issues of the day.
* NGO Partnerships: To increase their influence and reach, collaborate with groups such as Women in Need (WIN) and others.
* Programs for Funding: Provide enough funds for programs aimed at prevention and rehabilitation.
Organizations and Support Services
Numerous groups and facilities in Sri Lanka strive to stop sexual assault and offer assistance to victims. The Government, international agencies, and Non-Governmental Organizations (NGOs) manage these centers. The following are some important organizations and services:
1. Government Organizations
* Women and Children’s Desks (Police Stations): In Sri Lanka, the majority of Police Stations have special desks for handling reports about child abuse, domestic violence, and sexual assault. Cases are handled by trained female cops who maintain discretion and tact.
* The NCPA (National Child Protection Authority): Focuses on stopping child abuse, especially child sexual assault. Helpline: 1929 (private and free). Offers counseling, legal aid, and awareness-raising initiatives.
* Ministry of Child Affairs and Women: Oversees the activities and policies aimed at preventing violence against women and children. Supports initiatives for survivors’ rehabilitation and shelters.
* One-Stop Crisis Centers (OSCCs): These facilities, which are housed in large government hospitals, offer survivors of sexual assault medical, psychological, and legal support. Centers at Karapitiya Teaching Hospital and Colombo National Hospital are two examples.
2. Non-Governmental Organizations (NGOs)
* Women in Need (WIN): A preeminent group that combats violence against women. Services include emergency shelter, counseling, crisis centers, legal assistance, and a round-the-clock hotline.
Contact number: 011-4718585. Locations: Jaffna, Kurunegala, Matara, Kandy, Colombo, and other districts.
* Mithuru Piyasa: Works in Government hospitals to give victims of gender-based violence prompt assistance. Services include medical attention, legal aid referrals, and counseling. Accessible in a number of base and district hospitals across the country.
* Women’s Development Centre (WDC): This NGO, which has its headquarters in Kandy, offers survivors housing and counseling. Its main goal is to empower women by providing them with education and vocational training.
* The Emerge Lanka Foundation: Helps victims of abuse, especially young girls staying in shelters. Provides courses to increase self-assurance, life skills, and financial independence.
* Sri Lanka’s Family Planning Association (FPA): Offers therapy for victims of sexual assault as well as other sexual and reproductive health services. Its main goals are raising awareness and stopping abuse.
Helplines and Emergency Support
* NCPA (1929): For cases involving child abuse.
* National Helpline for Women (1938): Offers support for victims of sexual and domestic abuse.
* WIN (011-4718585): For women experiencing a crisis.
* Sri Lanka Police Emergency Hotline (119): For prompt assistance.
Lehansa Thrikawala