While there are countless allegations of rape and sexual abuse of women and young children within the civil society, the high numbers are not reflected in the number of cases reported. The trauma and shame that generally follow sexual abuse prevent most women from ever reporting or speaking out about it. A great fear of retaliation from the perpetrators and their acquaintances also act as a deterrent. The prevailing patriarchal mentality and lack of gender sensitivity in the security and legal system, all the way from officials at the police stations, to the hospital personnel and the judiciary hold back most victims from the process of pursuing legal action, as they rarely expect to find support but rather resistance in the system. As a result impunity for perpetrators of rape thrives in Sri Lanka and promotes the perception of rape not being a crime.

As with the victims of all forms of violence and abuse, the people mainly exposed to rape are often the ones already victimized by society. In Sri Lanka this group is especially characterized as young women belonging to a low caste from an ethnic minority. While they are already afflicted by a low social status they are further vulnerable to the social ostracism relating to victims of sexual abuses.

Perception of rape in society

The patriarchal traditions of the Sri Lankan culture are deep-rooted. Reporting rape can be an unbearable challenge in Sri Lanka. Generally there is little trust in the police and the stations are mostly male-dominated. It requires tremendous courage and fortitude from a woman to decide to report a rape incident, since she has no insurance that her statement will be taken seriously and that she will not be harassed. There have been countless reports of police officers refusing to file the rape victim’s complaint and verbally or physically harassing her, claiming that the rape was self-induced or blaming her for being a prostitute.

The mentality of not considering women subjected to rape as victims is prevalent in all aspects of society in Sri Lanka. Marital and domestic rapes are everyday-life for many women and girls and often just accepted as a part of family life.

The discrimination these women face is exemplified through the case of Iresha Sandamali Ariyaratne. Iresha was 15-years-old when she was threatened and raped by two men on December 29, 2006. She was refused entry to her school by the school Principal after the case became publicly known. The principal stated that she was a disgrace and a bad example for other students.

Even the convents, where many victims of various crimes will seek shelter are seen to refuse victims of rape on the grounds that they are unclean or sinful no matter the circumstances for the rape.

Mental and psychical scars

As rape itself is a horrible and degrading experience, the traumas and complications that follow are often at least as eminent with the social stigma having a vast impact. The experience of rape is devastating to a person’s character. An important aspect of the rape of young girls in Sri Lanka is the fact that by depriving young girls their virginity, the perpetrators also deprive them of their future. In Sri Lanka as in many other Asian countries, a girl’s virginity has a crucial impact on her future in terms of her social status and reputation and hereby her options of marriage. Two qualities are extremely important for a girl to secure her a reasonable future, her education and her virginity. Rape deprives her of both. If the case is reported, the endless court proceedings often make the girl miss school as well as affecting her general wellbeing, reserves of energy and self-esteem.

Sandamalee’s delayed remedy

The case of Sandamalee from Pallekele in Kandy is a success as it is finally concluded delivering some reconciliation and justice to the implicated, but meanwhile it is also a conspicuous illustration of the problems relating to the prolonged court delays.

Sandamalee (13) was raped by her father (37) six times in the period between September 2 and September 26, 2002. Sandamalee had often witnessed her father beating up her mother when he got drunk and she therefore knew of his violent tendencies. Before the father raped Sandamalee, he threatened her with a knife. The rape incidents were revealed by the mother (34), who witnessed an incident one night at September 26 and reported it to the police on September 27. The father was hereafter arrested by the Kandy police on October 2, 2002 and handed over to the Manikhinna police, who remanded him. He was produced in court on October 11, 2002. Sandamalee was meanwhile admitted to Kandy hospital for a medical examination confirming rape and stayed there for four days.

Full article available here: http://www.ahrchk.net/statements/mainfile.php/2010statements/2944/