| dc.description.abstract | Marital rape is no rape in Sri Lanka under Section 363(e) of the Penal Code. Apart from the slightest enlightenment furnished by the Prevention of Domestic Violence Act No. 34 of 2005, there are no significant legal provisions within the Sri Lankan legal framework with reference to marital rape. The main objective of this paper is to highlight the necessity of criminalizing marital rape in Sri Lanka rather than limiting it to a judicial separating mechanism followed by a judge’s verdict which is prevailing at present. Apart from the legal perspective, the paper attempts to propose a better way in achieving this criminal reform through the address of marital rape from an economic viewpoint by emphasizing on how the externalities arising from the offense affects the national growth of Sri Lanka. In achieving this purpose, the doctrinal research methodology was employed and such qualitative and quantitative data which were collected by books, journal articles, and reports demonstrated the inadequacy of Sri Lankan legislative provisions on marital rape compared to foreign nations. International comparison research methodology was used for analytical purposes where UN treaties, case laws and legislations from USA and UK were cited. Information acquired through said sources provided that the marital rape victims in Sri Lanka are addressed by judiciary solely on the grounds of domestic violence which had no reference to marital rape which was ought to be the justifiable defence in a legal proceeding. As a result there would be a downgrade in national growth with the augmentation of private and social costs. With due respect to legal and economic perspectives, the author attempts to draw the diligence of the judiciary and the legal authorities to recognize a rapist as a rapist irrespective of the bond which they share with the victim. | en_US |
