By In a significant move towards enhancing child protection, the Justice Ministry has recently gazetted amendments to the Penal Code, focusing on criminalizing the rape of male children. The revised laws now ensure that perpetrators of such crimes can face a maximum prison sentence of 20 years, aligning it with the penalties for those found guilty of raping girls.
Previously, sexual abuse of male children fell under the category of grave sexual abuse, carrying a maximum prison term of five years. The decision to amend the Penal Code stems from the alarming rise in cases of male children being subjected to rape and in adherence to international laws concerning such offenses, revealed Piyumanthi Peiris, the Additional Secretary of the Justice Ministry, in a statement to the Sunday Times.
Statutory Rape
Simultaneously, the Justice Ministry is also addressing issues related to statutory rape. The existing laws deem sexual intercourse with a girl below the age of 16, regardless of consent, as statutory rape. Recognizing instances where consensual sex occurs within romantic relationships, the ministry is introducing an amendment that grants the High Court the authority to adjudicate statutory rape cases involving girls aged 14 to 16 and boys below 22 years.
The proposed amendment allows the High Court to impose a suspended 10-year rigorous imprisonment on the accused if it determines the existence of a romantic relationship and consensual engagement between the parties involved. Currently, statutory rape carries a maximum sentence of 10 years of rigorous imprisonment.
Acknowledging the complexity of cases where consensual sex arises from romantic relationships between girls aged 14 to 16 and boys below 22, the Justice Ministry frames the amendment on practical and compassionate grounds. The Additional Secretary emphasized that this change reflects a nuanced approach to statutory rape cases, considering the dynamics of consensual relationships and the influences at play. This comprehensive reform aims to strengthen the legal framework, ensuring justice and protection for minors in the face of evolving societal norms.
