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by Jayantha Sri Nissanka

Women activists fear that amendment to the penal code 363 to bring down the age of consent of a girl to have a sexual relationship from 16 years to 13 will help many rapists whose pending cases will be dismissed.

They urged the Government to desist from bringing this law with retrospective effect as it could lead to dismissal of many pending rape cases which include certain politicians.

They were citing an example that UNP Western Provincial Councillor Duminda Silva's rape case could be dismissed under this amendment if the amendment is with retrospective effect.

This section in the Penal Code was amended in 1995 increasing the minimum age of consent from 12 years to 16 years. When asked for the reason to bring this amendment, Justice and Judicial Reforms Minister John Seneviratne said that judges have observed that many boys who have had sex with their girl friends above 13 years with consent are indicted on the offence of rape.

"We have studied this issue to the hilt and finally decided to amend the law. But if any person who has had sex even with a consent of a girl below 13 years of age will be charged under rape", he noted.

When asked whether pending rape cases will be dismissed with the new amendment, the Minister said that the Attorney General will have to decide that not him.

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