Lowering of statutory rape age to 14:

… relevant Sectoral Oversight Committee, too, not consulted

By Shamindra Ferdinando

Dr. Sudarshini Fernandopulle, MP, yesterday (24) said that the Women Parliamentarians’ Caucus had not been consulted before the Justice Ministry gazetted a Bill on 09 Feb., 2024, to amend the Chapter 19 of the Penal Code.

The Gampaha District SLPP MP, who is the incumbent Chair of the Caucus, said that at the moment a 16-year-old girl having sex was considered rape and Justice Minister Dr. Wijeyadasa Rajapakshe, PC, move would have lowered that age limit to 14.

Dr. Fernandopulle said so in response to The Island query whether the Justice Ministry had sought the views of the Women Parliamentarians’ Caucus on the issue.

Pointing out that the Justice Minister announced the withdrawal of the Bill on Saturday, MP Fernandopulle said that the relevant Sectoral Oversight Committee, too, had not been consulted. On behalf of the Caucus, Dr. Fernandopulle last week, in writing, requested Dr. Rajapakshe to withdraw the controversial bill.

Responding to another query, she said that there couldn’t be any justification in the proposed Bill and the Justice Ministry owed an explanation as to who really wanted to do away with the amendments made to the Penal Code in 1995.

Addressing the media at Monarch Imperial, after the conclusion of the 50th anniversary celebrations of the Bar Association on Saturday, Dr. Rajapakshe said that the amendment had been brought in line with recommendations made by a group consisting of judges and experts.

Dr. Fernandopulle said the Bill must be withdrawn due to the misunderstanding and misinterpretation of the principle of consent of an underage girl, who is considered by the criminal law of our country, to be lacking in capacity to consent to sex. “This could have caused a catastrophic situation at a time the country is in deepening turmoil,” Dr. Fernandopulle said.

“I really do not know how this policy was formulated, and it clearly ignored current realities involving high incidence of sexual abuse of children including girls, and the appalling failures on the part of law enforcement,” the former State Minister said.

The civil society too lambasted the proposed amendments. A group of prominent civil society members raised objections to the proposed Penal Code amendments calling for the reduction of the age of consent, concerning statutory rape to 14 years. The group, consisting of over 150 individuals and 55 Civil Society organisations, called for the immediate withdrawal of the Penal Code amendment.