Regularly,
incidents of rape from different parts of the country, appear in
newspapers, some news is shocking. Father raping a daughter, a
son raping a mother and children being raped are the most
distressing incidents reported in the newspapers. One could
imagine to what degrading levels, certain individuals could
descend. These incidents of rape reported in the newspapers are
a clear reflection on the rapid increase of rape in the country.
These particulars in the newspapers indicate
only the recorded offences. How many more cases of rape would
have gone unnoticed due to various constraints. Publicity,
social stigma, threats and intimidation, ignorance, poverty and
the trauma of a protracted trial and cross examination by the
defence are causes for silent suffering, without making a
complaint to the police.
In the present context in the country, fair
percentage of parents are employed and children have to be on
their own, till parents return from work. A large number of
females who are married and have young children go to the Middle
East countries for employment. A large number females from
remote rural areas are employed in urban environments, and get
boarded. Some have to work on shifts and return late after work.
I remember a case of rape in 1992. An employee
in a garment factory in Moratuwa, went to the Angulana beach
with her fiance, a Security officer, employed in the same
institution. After some time, two youth came up to them, kept a
razor blade on the neck of the security officer, assaulted and
chased him away. These two persons forcibly took her to a small
hut in the beach and raped her. Even though an entry was lodged
in the police station, the assailants could not be identified
and the culprits got away scot free. The girl developed suicidal
tendencies, but the management advised and consoled her and
handed her over to her parents at Matugama. The Security Officer
left his job and went to his home in Anuradhapura. The girl lost
both her virginity and fiance as well. In Australia such cases
are handed over to a crisis centre, where trained social workers
take over such victims.
Some gruesome incidents have taken place in the
recent past. Makandara rape and murders took place due to a
dispute in regard to a property, Rita John, was raped and killed
when she was walking with her husband. Recently a school girl
returning home on a lonely road was raped and killed, about a
month ago, a girl employed in a garment factory in Katana went
to the Negombo hospital for treatment. She was taken to a room
in the Sixth floor of the hospital and raped and murdered by a
Medical Officer, an internee working in the same hospital.
Considering the increase in incidence of rape in
the country and with the objective of protecting females, the
Government should entrust to the Ministry of Justice, to study
the punitive aspect to consider whether the punishment meted out
to those found guilty of rape at present is an adequate
deterrent to reduce the incidents of this heinous crime and
protect the innocent citizens from such criminals. The
government should adopt certain strategies to curb this social
menace to ensure the safety and the modesty of the females.
In prisons, even though those convicted for
murder are eligible to qualify for selection and transfer to an
open prison camp, depending on their good behavior and responses
in the prisons. More privileges and enhanced remission, for
those convicted for rape are not considered for a transfer to an
open prison camp. The prison administration is concerned about
the community living in close proximity to the prison.
Nevertheless there was that unique case, when a
prisoner convicted for rape was granted an amnesty in the late
nineteen seventies, and appointed a JP. Later he was found
responsible for syphoning petrol from a pipe connected to the
Kolonnawa tanks of the Petroleum Corporation. Incidents of this
nature should never happen again.
Corporal punishment is carried out in the
prisons if mentioned in the court orders apart from the prison
sentence. There are tripods in the Prison and officers trained
to came with a rattan specified by the courts. The Medical
Officer has to certify that the prisoner is fit to go through
the punishment. The prisoner is tied to the Tripod and the small
part of the back is padded to prevent any injury to the spiral
column. The Medical Officer, the Superintendent and the Chief
Jailor are present when corporal punishment is given. The
offender is cained on the buttocks.
At this juncture, when society has to be
protected from sex maniacs, perverts and sadists and especially
assaults on children, the Ministry of Justice should review the
legislation and punishment for such heinous crimes and consider
quick and speedy disposal of justice. Longer terms of
imprisonment together with caning with a rattan should be
mandatory for such offence. There should be adequate punishment
to safeguard the aggrieved party, the victims of rape, witnesses
of certain sensitive cases should be recorded in camera. The
stress and trauma of a victim of rape will remain tight through
her life.
Professor Sydney in his medical treatise has
explained, "the once the virginity of a female is lost, it
cannot be repaired."