The Court of Appeal in Sri Lanka, on June 20, 2024, ruled on case CA/HCC/0328/2015, involving serious charges of sexual harassment, impacting the discourse on Public Displays of Affection (PDA) and sexual harassment laws in the country. It closely followed the Judgment in Sri Lankan Airlines Limited Vs P.R.S.E. Corea (S.C. Appeal No. 91/2017) delivered as recently as February 2024.
The case centered on a Human Resources Manager accused of sexual harassment. The accused was indicted in January 2011 before the High Court of Trincomalee on three counts under Section 345 of the Penal Code, for sexually harassing a woman by embracing her, touching her face, kissing her face and lips, and stroking her head on three different dates in January.
Despite comprehensive testimony, the Trincomalee High Court acquitted the defendant, citing insufficient evidence to meet the “beyond reasonable doubt” standard and raising concerns about the delay in reporting the incident.
On appeal by the victim, the Court of Appeal found that the High Court had erred in several respects, including: the unrealistic expectation of corroboration by eyewitnesses, the sufficiency of cogent and trustworthy testimony from the victim, the incorrect requirement of proof of sexual gratification for the offence of ‘Grave Sexual Abuse’ under Section 365B of the Penal Code, and the failure to consider that the conduct of the accused and its impact are material regardless of the delay in reporting. Consequently,
The Court of Appeal consequently, finding the accused guilty on all counts, imposing a sentence of seven years of rigorous imprisonment and a compensation of LKR 750,000.
1 ‘Whoever, by assault or use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person commits the offence of sexual harassment and shall on conviction be punished with imprisonment of either description for a term which may extend to five years or with fine or with both and may also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person’
2 (1) Grave sexual abuse is committed any person who, for sexual gratification, does any act, by the use of his genitals or any other part of the human body or any Instrument on any orifice or part of the body of any other person, being an act which does not amount to rape under section 363, in circumstances falling under any of the following descriptions, that is to say- (a) without the consent of the other person ; (b) with the consent of the other person where the consent has been obtained by use of force, threat, or intimidation or putting such other person in feat of death or of hurt or while such l other person was in unlawful detention; (c) with the consent of the other person where such consent has been obtained at a time the other person was of unsound mind or was in a state of intoxication induced by alcohol Of drugs. (2) Whoever- (a) commits grave sexual abuse shall be punished with rigorous imprisonment for a. term not less than seven years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person In respect of whom the offence was committed for the injuries caused to such person ; (b) commits grave sexual abuse on. any person under eighteen years of age shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person. in respect of whom the offence was committed for the injuries caused to such person.”.
As Sri Lanka steers the intersection of contemporary societal norms and traditional values, this judgment emphasizes judicial clarity, significantly shaping future legal interpretations and safeguarding individual rights from sexual harassment and unjustified public scrutiny.
