No proposal to reduce statutory rape age to 13 - Justice Ministry

The Justice Ministry referring to the recent media reports that highlighted proposed changes to the law relating to statutory rape age emphasises that there is no proposal to reduce the age for statutory Rape to 13 years.

In terms of the Penal Code, the woman's consent is not a defence to a charge of rape when the girl is below 16 years of age. Such an act is statutory rape. The age of 16 years was introduced in 1995. It was 12 years before 1995.

The Justice Ministry has received reports that where the alleged offender (the boy) is young and the act takes place with the consent of the girl, prosecution of the boy does not always serve the best interests of justice.

It is also reported that in view of such situations that are perceived as unjust certain unofficial measures have been taken so as to avoid punishment of the offender.

These measures are not always legitimate and not in the best interests of the parties involved. These measures are taken despite the fact that the Penal Code permits the imposition of a lower sentence when the offender is below 18 years, the Justice Ministry said.

It said: " Even where there has been consent of the girl, only the action of the boy attracts culpability.

He alone becomes the criminal. The welfare of the boy should receive our attention as much as the welfare of the victim.

The issue is adolescent consensual sex which cannot be condoned under any circumstances. The concern is whether the present remedy of criminalising the act of the boy alone and thereby making him liable to a criminal prosecution and punishment, is the appropriate answer.

It is the duty of the Justice Ministry to address such concerns and it has done so. The Ministry has not proposed that the statutory rape age be reduced to 13 years as a resolution to this problem.

What is proposed is that the sanction of the Attorney General be required for a prosecution of statutory rape when the boy is also young and the act has taken place with the consent of the girl, (the girl not being under 13 years) and that this sanction be granted only if he is of the opinion that a prosecution would serve the best interests of justice.

Such a measure does not amount to de-criminalsing Rape in those given circumstances or to reducing the age of statutory rape to 13 years.

The Ministry is conscious that any statement of the law should be compatible with norms of conduct that are acceptable to our society. It is equally important that the law should serve the best interests of justice and thereby of the young persons involved.

As directed by Justice Minister W.D.J. Seneviratne, consultations will be had with regard to the Ministry proposal, with those concerned to identify how best this issue should be addressed."