FROM SILENCE TO SUICIDE: ADDRESSING THE PROCEDURAL FAILURE IN THE CRIMINAL JUSTICE FRAMEWORK IN PROTECTING RAPE VICTIMS AND ENSURING CULPABILITY OF PERPETRATORS IN SRI LANKA

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.