Sexual Consent and the Law: Why Under 16 Matters in Sri Lanka
The reason behind this rule is to protect children from harm. At a young age, most children do not fully understand the emotional and physical consequences of sexual relationships. To prevent them from being exploited or misled, the law clearly states that sexual activity with a girl under 16 is illegal.
According to the Sri Lankan Penal Code, if a man has sexual intercourse with a girl who is under 16, he can be sent to prison for a period of 10 to 20 years. In addition to prison time, the court can also impose a fine and may order the offender to pay compensation to the victim. It does not matter if the girl appears to be in love with the man or if the relationship was ongoing. The law focuses only on the girl’s age.
However, there is one part of the law that has caused a lot of concern. If a man is legally married to the girl, and she is over 12 years of age, then sexual intercourse is not considered rape under current Sri Lankan law. This means that child marriage is still allowed in certain communities. Many legal experts, child protection officers, and human rights groups have argued that this exception puts young girls at risk and should be removed. They believe that marriage should never be used as a shield to avoid legal responsibility.
Sometimes, both the boy and the girl involved in the relationship are teenagers. For example, a 17-year-old boy and a 15-year-old girl might be dating. Even if their relationship is genuine and both agreed to it, the boy can still be charged under the law. The age gap may be considered during sentencing, and the punishment might be less severe if the court finds that the boy did not act in an abusive or forceful way. But the act itself is still legally recognised as an offence because the girl is under 16.
In many parts of the country, these cases are not always reported. Families often avoid going to the police because of shame, fear of social judgment, or pressure from the community. Some cases are settled privately, especially if both families know each other or if there was a romantic relationship involved. However, under the law, these private agreements do not change the criminal nature of the offence. The police can still take legal action if the facts are known.
The law is clear in its aim to protect children from exploitation. While some people believe there should be changes to handle teenage relationships more fairly, the present law treats sexual activity with girls under 16 as a punishable crime. Everyone should be aware of this law to avoid serious consequences and to ensure that children are kept safe.
If reforms are made in the future, they must still protect young people while also recognising the realities of teenage relationships. Until then, the rule remains firm. Sex with a girl under 16 is a criminal offence in Sri Lanka, regardless of the circumstances.
