A case of sexual assault within a marital relationship: Should marital rape be criminalized in Sri Lanka?

Abstract

Background: In Sri Lanka, marital rape; forceful penetrative sex by the legal partner, is not criminalized under the country's legal framework. This has been a subject of significant debate, with human rights and women's rights groups arguing that this stance violates women's fundamental rights, as outlined in the Constitution of Sri Lanka and international laws related to violence against women. However, in a patriarchal society with deeply rooted cultural and religious beliefs, criminalizing marital rape remains controversial.

Case study: A 31-year-old woman, married for five years and mother of two children, was admitted to the hospital following an assault by her husband. She reported being a victim of intimate partner violence for the past two years, involving physical, emotional, and sexual abuse, although she had not previously sought help. In the most recent incident, she was physically assaulted and forced into vaginal and oral intercourse, as well as fisting, at their home over the course of a day. Examination revealed contusions and abrasions at various stages of healing, primarily over parasexual organs. Further, there were tender areas and contusions on the external genitalia and vaginal walls, consistent with her history of forceful penetrative sex. She expressed her intention to take legal action against her husband.

Conclusion: Even though there is clear evidence of forceful penetrative sex within their marital relationship, there is no possibility of charging the husband for ‘marital rape’ according to the current law. Thus, this case highlights the urgent need for legal reforms and wider public awareness to address marital rape, which remains unrecognized in Sri Lanka.