Jurisprudence of statutory rape

Abstract

The law relating to statutory rape in Sri Lanka is governed by the Penal Code No. 02 of 1883 by an amendment brought to it under Act No 22 of 1995. According to the amended section 363 (e) of the code, whosoever has a sexual intercourse with a girl who is under the age of 16 whether such sexual intercourse is carried out with or without the consent of such a girl shall be guilty of rape. In this instance, the law considers that the matter of consent is immaterial viz regarding the attribution of liability upon the culprit. While this being said, the Courts in Sri Lanka has taken the view that despite the fact that statutory rape carries with it a minimum mandatory sentence of 10 years imprisonment, that regard must be had to the circumstances of the case and that whatever punishment to be given shall not be excessive so as to breach the fundamental rights guaranteed to individuals under the Constitution. In light of the above circumstances, this paper discusses the jurisprudential basis for the recognition and punishment for the offence of statutory law under the laws of Sri Lanka.