Appeal Court Upholds Lengthy Sentence, Warning of the Deep Social Scars of Rape

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December 13, Colombo (LNW): Sri Lanka’s Court of Appeal has underscored the profound and lasting damage caused by sexual violence, describing rape as a grave offence that harms not only individual victims but society as a whole.

The remarks were made while rejecting an appeal by a man convicted of sexually assaulting a teenage girl.

Delivering the judgement, Justice Amal Ranaraja, with Justice Sasi Mahendran concurring, noted that sexual offences remain disturbingly common in Sri Lanka and continue to erode social trust and security.

The Court stressed that rape inflicts enduring psychological trauma on victims and creates a climate of fear, particularly among women and girls, making firm judicial responses essential.

The case centred on offences committed in Adippala, Chilaw, between November and December 2006. At the time, the offender was a 27-year-old married man, while the victim was just 15.

Evidence before the trial court established that the abuse resulted in the birth of a child, with DNA analysis conclusively identifying the accused as the father.

The Attorney General had brought three charges of rape under the Penal Code, to which the accused pleaded guilty. The High Court in Chilaw subsequently imposed 18 years of rigorous imprisonment on each count, with the sentences ordered to run concurrently.

In appealing against the ruling, the convict argued that the punishment was excessive. However, the prosecution pointed out that he had occupied a position of trust and effectively acted as a guardian to the girl, a responsibility he had grossly betrayed.

Dismissing the appeal, the Court of Appeal ruled that the sentence was lawful and proportionate to the seriousness of the crimes. The judges emphasised that strong penalties in such cases are necessary both to deliver justice to victims and to send a clear deterrent message.

The Court also highlighted the severe physical and emotional suffering endured by the victim, who was forced to face pregnancy and childbirth while still a child herself, a burden the judges described as particularly cruel given her age and vulnerability.

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