Sri Lanka – Sexual Conduct Law
Criminal provisions, penalties, tourist mistakes, and historical context
📜 Penalties at a Glance – Sri Lanka
| Offence | Minimum | Maximum |
|---|---|---|
| Rape (Penal Code s.363) | 7 years | 20 years + fine |
| Statutory Rape (under 16) | 10 years | 20 years + fine |
| Grave Sexual Abuse | 7 years | 20 years |
| Sex Work / Soliciting | Fine | 2 years imprisonment |
| Homosexual Acts (s.365A) | Fine | Up to 10 years |
| Public Indecency | Fine | 2 years |
Overview
Sri Lanka’s sexual conduct laws derive from the Penal Code of 1883, heavily influenced by British colonial law. Core statutes criminalise non-consensual acts, protect minors, and regulate morality. Enforcement can be inconsistent, but penalties are severe when applied.
Age of Consent
The age of consent is 16 years. Any sexual intercourse with a person under 16 constitutes statutory rape, regardless of claimed consent.
- Sex with a child under 12 is treated with enhanced sentencing.
- Marriage under 18 requires parental and court approval; child marriage is discouraged but not entirely eradicated.
Key Provisions & Punishments
- Rape (s.363): 7–20 years and a fine.
- Statutory Rape (under 16): 10–20 years mandatory, plus fine.
- Grave Sexual Abuse (s.365B): Sexual acts without penetration; up to 20 years.
- Homosexual Acts (s.365 & 365A): Criminalised; penalties up to 10 years, though enforcement is rare and contested.
- Sex Work: Both selling and purchasing sexual services are illegal.
Public Decency & Morality
Indecent exposure, cohabitation scandals, and extramarital sex can result in criminal charges or community shaming. Adultery is a civil ground for divorce and can affect inheritance and custody cases.
Historical Context
The Penal Code (1883) introduced British morality-based offences. Sections criminalising homosexuality remain in force today, despite international criticism and local activism. In colonial and early post-independence times, adultery and fornication cases were pursued more actively. Today, selective enforcement still occurs, particularly in rural areas.
Regional Comparison
| Jurisdiction | Age of Consent | Rape Penalty | Sex Work | Same-Sex Acts |
|---|---|---|---|---|
| Sri Lanka | 16 | 7–20 years | Illegal | Illegal (rarely enforced) |
| India | 18 | 7–life | Illegal | Legal since 2018 |
| Maldives | 18 | Up to death (Sharia) | Illegal | Illegal |
| Bangladesh | 16 (female), 18 (male) | 7–life | Illegal | Illegal |
🚫 Common Tourist Mistakes
- Engaging in sexual activity with under-18 partners; age checks are strict.
- Seeking sex workers; solicitation is criminalised and stings occur.
- Same-sex intimacy in public; laws remain on the books.
- Public displays of affection may cause legal or social problems.
- Assuming laws are “relaxed” due to tourism – penalties are severe.
Insider & Academic Commentary
“While prosecutions for homosexuality are rare, the legal existence of these sections fosters harassment and stigma.” — Colombo-based human rights lawyer
“Sexual offences against minors are punished harshly; courts show little leniency.” — Legal academic, University of Peradeniya
References
Sri Lanka Penal Code (1883, as amended). Sections 363–365B.
Human Rights Watch. (2016). All Five Fingers Are Not the Same: Discrimination Against LGBT People in Sri Lanka.
UN CEDAW Committee Reports on Sri Lanka (2022).