Call to criminalize marital rape Justice Ministry seeks Cabinet approval

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By 2017-12-16

BY Ruwan Laknath Jayakody

The Ministry of Justice forwarded a Cabinet Paper seeking approval for the criminalization of marital rape.
Currently, rape in the context of marriage is only recognized as per Section 363(a) of the Penal Code, in the event a man has sexual intercourse with a woman who is his wife, sans the latter's consent, when the parties are judicially separated.
An Assistant Secretary of the Legal Division of the Ministry told Ceylon Today, the Cabinet Paper has proposed to amend Section 363(a) by repealing the provision pertaining to "and she is judicially separated from the man".
All marital rape including any intercourse without the woman's consent, between the husband and wife in the context of a married couple, will therefore be identified as rape.

The provisions of the Code of Criminal Procedure will apply as it stands at present.



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