Abstract:
In recent time, sexual violence remains a deeply rooted problem in Sri Lanka, with
an alarming rise in rape cases with disturbing increase in suicides among victims.
Despite the stringent statutory penalties for rape, these measures have not translated
into effective deterrence or justice for survivors. This research critically examines the
factual and legal barriers in Sri Lankan criminal justice framework that hinder the
establishment of perpetrator culpability and successful prosecution of rape cases. This
research identified key challenges including the rigid evidential standards, the
adversarial nature of victim testimony, and the frequent use of aggressive cross
examination which may contribute to secondary victimization. Additionally,
procedural delays and inadequate investigative capacities compromise the delay in
justice and further discourage victims from speak-out about the offence. This research
article analyses the main issues in criminal justice procedure. This research reviews
the existing legal framework in Sri Lanka (for the purposes of this research,
discussions on marital rape and statutory rape are excluded) and analyse the necessary
reforms by referring to Indian jurisdiction, chosen due to its common law foundation
and similar socio-legal context, where legislative and procedural innovations like
rape shield laws, presumptions regarding consent, and specialized fast-track courts
have improved conviction rates and enhanced victim protection. Further this research
argues that Sri Lanka must adopt a holistic approach that encompasses trauma
informed legal practices, streamlined trial processes and the modernization of
evidentiary rules to place greater emphasis on victim testimony without
compromising fairness to the accused. Further, this research article discusses the
critical importance of integration of psychological support services and witness
protection strategy into the legal process to address the hidden social and emotional
dimensions of rape. By doing so, our justice system can move beyond punitive
responses and work toward preventing the tragic indirect outcomes of silence and
suicide among victims. This research aims to inform legal professionals,
policymakers and human rights advocates about necessary reforms to create a more
effective, just and compassionate legal environment for survivors of rape in Sri
Lanka.
