Case study on marginalization and discrimination of sexually abused children in a patriarchal society in Sri Lanka

Introduction

Sexual abuse of children is a deeply troubling issue that not only inflicts immediate physical and emotional harm but also leaves lasting scars on the victims’ social and psychological well-being. In many societies, including Sri Lanka, these children face further victimization through marginalization and discrimination by the very systems and communities meant to protect and support them⁽¹²⁾. The marginalization of sexually abused children manifests in various forms, from the attitudes of parents and adult relatives to the practices of caregivers in children’s homes, as well as the procedures of administrative and legal institutions. These entities, often influenced by prevailing societal norms and biases, contribute to the isolation and stigmatization of the victims. The situation is particularly dire for girls, who, within the framework of a patriarchal society like Sri Lanka, are subjected to more severe scrutiny and judgment. The heightened visibility of sexual matters concerning girls, combined with deeply entrenched gender roles, exacerbates their marginalization and further entangles them in a web of discrimination and social exclusion⁽¹⁾.

Savitri W.E. Goonasekere and Camena Gunaratne discuss the legal background to the sexual violence perpetrated on women in their book Women, Sexual Violence and the Legal Process in Sri Lanka. The authors state that there is a dire need to address these issues through “required intervention and action”⁽⁶⁾. Furthermore, the book increases awareness about the sexual violence perpetrated on women. The emerging legal framework on rape as a violation of human rights represents a significant shift in both international and national contexts, recognizing rape not only as a criminal act but also as a profound violation of individual dignity and autonomy. In Sri Lanka, the review of the law of rape has brought to light critical gaps and challenges in the existing legal provisions, highlighting the need for reforms that align with global human rights standards. Despite these legal advancements, the “law in action” often reveals a disconnect between legal norms and current realities. Victims of rape frequently encounter barriers within the judicial system, including delayed justice, stigmatization and inadequate support, which reflect broader societal attitudes. The response of victims and their communities to rape is complex, shaped by cultural norms, fear of social ostracism, and the pervasive influence of patriarchal values, which often lead to underreporting and a reluctance to seek justice. This disconnect between the legal framework and societal realities underscores the ongoing struggle to effectively address and prevent rape in Sri Lanka⁽¹⁰⁾.

Krishanth Neranjan Cooray offers a comprehensive sociological analysis of juvenile delinquency, delving into the complex factors that contribute to the involvement of children in criminal activities. Among the key issues explored, Cooray discusses the alarming ways in which children are lured into sexual abuse through various channels, including media, prostitution, incest, and homosexuality. He highlights the role of media as a powerful influence that can desensitize or manipulate young minds, leading them towards exploitative situations. Cooray also examines how vulnerable children are often coerced or deceived into sexual activities, whether through prostitution rings, familial incest, or exploitative relationships, further compounding their victimization and entangling them in a cycle of abuse. Through this analysis, the author sheds light on the broader societal and systemic failures that contribute to the exploitation of children, urging for a deeper understanding and more robust protective measures to combat these disturbing trends⁽²⁾.

In their book From Rights and Shame to Remedies and Change: Gender Violence In Sri Lanka, Shyamala Gomez and Mario Gomez provide an in-depth examination of the pervasive issue of gender-based violence in the Sri Lankan context. They explore the cultural, social and legal frameworks that sustain and perpetuate violence against women and other marginalized groups. The authors critically analyze how entrenched patriarchal norms and systemic inequalities contribute to the normalization of violence in both private and public spheres. Through case studies, legal analyses, and discussions on policy, Shyamala Gomez and Mario Gomez highlight the gaps in legal protections and the challenges faced by survivors in seeking justice. Their work underscores the urgent need for comprehensive reforms and societal change to address the root causes of gender violence in Sri Lanka and to create a safer, more equitable environment for all⁽⁴⁾.

In her book Media Violence and Children’s Rights, Chandima Nishshanka investigates the significant impact of media violence on children’s rights and well-being. Nishshanka explores how exposure to violent content in media – from television and films to video games and online platforms – can desensitize children and normalize aggressive behavior. She examines the ways in which media portrayals of violence can influence children’s perceptions, attitudes and actions, drawing them into a cycle of violence and exposing them to harmful behaviors. Nishshanka’s analysis reveals the intricate relationship between media consumption and the erosion of children’s rights to safety and psychological health, highlighting the need for critical media literacy and protective measures to safeguard young audiences from the detrimental effects of violent media content⁽¹¹⁾.

By examining these factors, the study aims to shed light on the underlying mechanisms that perpetuate this form of social injustice, with a particular focus on the intersection of gender, power, and hegemony in the Sri Lankan context. This study seeks to explore how sexually abused children become a marginalized group under the dominant societal discourse, focusing on the ways in which power and hegemony shape the treatment and perception of these vulnerable individuals.

Methodology

This study employs a qualitative methodology to explore the experiences and perspectives of sexually abused children and the broader societal dynamics influencing their marginalization. The approach aims to provide an in-depth understanding of how these children are affected by, and respond to, various forms of discrimination and societal bias.

Data collection methods

In-depth interviews were used, and semi-structured interviews will be conducted with survivors of sexual abuse, caregivers, social workers, legal professionals, and administrators from children’s homes. These interviews will focus on personal experiences, perceptions, and interactions with institutions and individuals involved in the support and legal processes. Furthemore document analysis was used as a review of relevant policy documents, legal texts, and case studies will be undertaken to assess how existing frameworks and practices align with or deviate from the principles of protecting and supporting sexually abused children.

Sampling

Purposive sampling method for participants will be selected based on their direct involvement with or knowledge of cases of sexual abuse. This includes survivors, caregivers, professionals and community members who can provide valuable insights into the research questions. Furthermore, snowball sampling method was used, and additional participants may be identified through referrals from initial interviewees, ensuring a broader network of perspectives on the issue.

Data analysis

Data from interviews, focus groups and documents will be analyzed thematically to identify recurring patterns and themes related to marginalization, discrimination and societal attitudes, involving the coding and categorization of data to reveal the underlying dynamics and impacts on sexually abused children. Additionally, narrative analysis will be used to examine the personal stories and experiences of survivors, providing insight into the individual and collective impact of sexual abuse and how these experiences are shaped by and, in turn, shape societal factors.

Ethical considerations

Participants will be provided with detailed information about the study and will give their informed consent before participating, with special care taken to ensure the consent process is sensitive to the needs of survivors. All data will be handled with strict confidentiality, and participants’ identities will be anonymized to protect their privacy and ensure a safe research environment.

Validity and reliability

To enhance the validity of the findings, the study will employ triangulation by using multiple data sources and methods, cross-referencing interview data with focus group discussions and document analysis to corroborate results and ensure a comprehensive understanding of the issue. Additionally, member checking will be implemented, allowing participants to review and provide feedback on the findings to validate the accuracy and relevance of the data. By adopting this qualitative methodology, the study aims to provide a nuanced and empathetic understanding of the experiences of sexually abused children and the systemic factors contributing to their marginalization.

Law perspective related to Sri Lankan context

According to the Section 360 (b) 2 from the Penal Code (Amendment), Act 1995 No. 22, “a child is a person under 18 years of age”. According to the United Nations, “a child means every human being below the age of 18 years old”.

The CAPTA definition of sexual abuse includes: “The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or... the rape, and in cases of caretaker or interfamilial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children”.^(8,14)

The definition of “statutory rape”, or rape irrespective of whether or not there is consent, has also been altered by the amended section 363(e): “Though the age of marriage has been raised, the age of sexual consent has been set by the Penal Code as 16 years old. Intercourse with a girl under 16 years old will not amount to rape irrespective of whether or not she has consented. This change makes it possible to persecute men who use custodial situations of guardianship or employment to sexually assault women. However, the intention of the Parliament was to exclude Muslim marriages from the scope of this provision. There is no minimum age of marriage in Muslim law as it applies in Sri Lanka.”^(6,7)

General punishments for offenders of rape

The Penal Code (Amendment) Act No. 22 of 1995 under Section 364(2) outlines the legal consequences for various forms of rape, including gang rape, custodial rape, the rape of a pregnant woman, the rape of a mentally or physically disabled woman, and the rape of a girl under 18 years old. For these offenses, the law mandates a minimum sentence of 10 years and a maximum of 20 years of rigorous imprisonment. Additionally, the court may impose a fine (though not specifically defined) and has the discretion to award compensation to the victim for the injuries sustained. If compensation is not paid under Section 364(4), an additional term of up to two years imprisonment may be added to the sentence⁽⁵⁾.

Under Section 364(3), the law addresses incestuous rape of a girl under 16 years old, stipulating a minimum sentence of 15 years and a maximum of 20 years of rigorous imprisonment, along with a fine. Section 364A further deals with incest, prescribing a minimum sentence of seven years and a maximum of 20 years imprisonment, accompanied by a fine. In cases of attempted incest, the punishment is less severe, with imprisonment for up to two years, reflecting the lawmakers’ apparent reluctance to treat attempts to commit incest as a serious offense, warranting long-term exclusion from the family⁽⁵⁾.

Section 365B(2)(b) addresses serious sexual abuse of a person under 18 years old, prescribing a minimum sentence of 10 years and a maximum of 20 years of rigorous imprisonment. Similar to other sections, a fine may be imposed, and the court has the discretion to order compensation to the victim for injuries sustained. These provisions reflect the legal framework designed to address serious sexual offenses and the importance of protecting vulnerable individuals within society⁽⁵⁾.

Results and discussion

Case studies

Case 1

(Note: these names are constructs.)

Nethmi, a 13-year-old girl, endured a horrific ordeal when her brothers and two uncles raped her while she was alone at home. Following the incident, the police apprehended the perpetrators after a complaint was filed by her father. Tragically, her father was also incarcerated for an unrelated offense. Deeply traumatized by the experience, Nethmi suffers from recurring nightmares. Currently residing in a children’s home under the care of the Department of Probation and Child Care Services, she is striving to rebuild her life while pursuing her education in grade 7.

“My brother had gone to play. Those guys were always hanging around the house. I was sleeping alone in the room. After that, those two uncles and my brother came and raped me. The police came saying that father had gone to the police. After that, the group was caught by the police. After that, my father was also put in jail for burning his hand. I dream about them every night.” (Nethumi, Case 1)

Case 2

(Note: These names are constructs.)

Udara, a 7-year-old second grader, was sexually assaulted by a close family friend. The horrific incident occurred when the boy was lured away from a family gathering on the pretext of going to a nearby shop. The offender took advantage of the child’s absence to rape him at the boy’s home. The crime was discovered when Udara’s parents returned home and questioned him. Following the arrest of the perpetrator, the court has returned custody of Udara to his parents, albeit under the supervision of the Department of Probation and Child Care Services.

“On the day of the incident, Udara and his family had gone to a house in their neighbourhood for a religious function. When Udara was in that house, the accused, who was a close friend of Udara’s father, had asked the boy to come with him to go to the near-by shop. Both of them have gone to Udara’s house, had taken the bicycle of Udara’s father, had gone to the shop and had returned to the boy’s house where there was no one. Taking the advantage of the opportunity, the offender had raped the boy in the backyard of the house. By this time, Udara’s parents who had been looking for him everywhere had come home to look for him. When Udara’s father was questioning the boy had revealed the incident and he has filed a complaint against the accused. The accused was arrested.” (Udara, Case 2)

Case 3

(Note: These names are constructs.)

Dinesha, a 13-year-old girl, was sexually abused by a neighbor. After discovering the incident, her mother reported the crime to the police, leading to the arrest of the perpetrator. Unable to provide a safe environment for her daughter, Dinesha’s mother placed her in a children’s home. Dinesha is currently residing at the children’s home under the supervision of the Department of Probation and Child Care Services while continuing her education in grade 7.

“One day when I was coming home from school, a brother from a nearby house called me. After that I went to the house of those brothers. After that, my mother found out and went to the police. They took my brother and me to the police. Now he is in jail. My mother brought me here because she could not keep me at home.” (Dinesha, Case 3)

Case 4

(Note: These names are constructs.)

Thushari, a 14-year-old third grader, was removed from her home after a neighbor accused her father of sexual abuse. Despite denying the allegations, Thushari was placed in a children’s home under the care of the Department of Probation and Child Care Services. The neighbor’s motive for making the accusation is believed to be related to a personal grudge against the family.

“Some people near the house said that my father raped me. I don’t know. I said that my father never did such a thing to me. That guy said that because he was angry with us. After that, he brought me here.” (Thushare, Case 4)

Analysis of the above cases

Most of the children who are subjected to these cases belong to the low-income underprivileged social class. But that does not mean that such cases do not occur in the upper class social strata. People belonging to the upper strata in the society take steps to secretly cover and hide such incidents from the society using their power and wealth. All the case studies we examined made this abundantly clear. For example, Udara’s father is a wage labourer. Nethmi’s mother works as a housemaid in the Middle East. Poverty is primarily leading women to go in search of foreign employment. Especially when the woman – who is the “mother of the home” – leaves the country in search of foreign employment their family becomes vulnerable. Nethmi’s mother went in search of foreign employment, leaving her two kids in the custody of the father, who was a drunkard. Nethmi had not attained puberty even at the time the mother left the country seeking foreign employment. According to Nethmi, her brother is in a children’s home subsequent to this incident. “Victims were in general from low income families without access to legal aid and counseling.”⁽⁶⁾

“Marriages and sexual relationships take place even between closest blood relatives within social classes living in slums and shacks, within the vagrant class and sometimes within the poor social classes. Such marriages may not take place within the upper strata of society, but sexual relationships take place between tabooed relatives. Sexual relations are more open in the modern society than in the past and this trend is more visible in the low strata social classes, resulting even in very small children getting involved in incest with relatives. The main reason leading to this situation is the fact that in the low strata social classes, a number of families are compelled to live in a small house with their children resulting in inadequate space”⁽²⁾. The reasons for these incidents are the ignorance, negligence, irresponsibility, as well as the lack of education on the part of the parents. All these four incidents make it clear. The above parents lacked the ability and the understanding to create a safe environment for their children.

Another common characteristic of these incidents is the fact that most of these sexual abuses involving children have taken place at the hands of family members, blood relatives or family acquaintances. A matter for regret is the fact that these children need to be protected from the closest relatives of them, rather than from strangers.

“Homo Sapiens (the early man) was merely a member of the animal kingdom and, therefore, they did not have a culture, a status or any duties or responsibilities. As such, men and women freely having sex like the rest of the animals was a routine happening. However, the gradual emergence of cultural values led to the birth of social institutions in the human society and the humans, as members of such institutions were obliged to observe and follow various codes of conduct and taboos. Accordingly, sexual relations in the human society were limited or regularized based on customs, rules/regulations and kinships.”⁽²⁾

Incest is defined as sexual behaviours with tabooed relatives. An accepted value in every society is that no sexual relations should take place between the mother and son, father and daughter and brother and sister, etc. According to Section 364 (3) of the Penal Code of Sri Lanka, incest is a punishable offence. Under this, we can see the abusing of kinship structure. These offenders approach the children using relationship names, such as daughter, son, sister or brother. As these incidents very often occur within the families, the members of the family are reluctant to divulge them. “Very often, in the rural society, the daughter ends up as the father’s sexual partner, due to the mother leaving the country, the absence of a wife, to meet the sexual needs of the father, the daughter becoming the person who has to play the mother’s role and the father being a drunkard.”⁽²⁾ 

A true incident relating to this was revealed by the probation officers. According to them, in a certain family, the father sexually abused his own daughter on the very night the mother left in search of foreign employment. According to the probation officers, many sexual abuse incidents involving children take place at the hands of people who are supposed to be friendly with children and those whom the children trust. There is a tendency for people who are purportedly friendly with children, such as school van drivers, family friends, neighbours, teachers and even members of the clergy, besides family relatives, to lure children to engage in these abusive sexual activities.

Our discussions with these children revealed that they have never been subjected to a formal and proper counseling process. In the case of Udara, the probation officers stated that he could not be subjected to counseling as he was a minor. This makes it clear that the relevant child has been handed over to the cus­tody of the mother without treating him for his mental distress. During a certain instance when we visited a children’s home where the children who were subjected to the above mentioned incidents were being kept, a government counselor had organized a shramadana in the children’s home. There, we were told by the counselor that they were introducing the 5S concept to the children. However, we felt that what the children really needed were love, kindness, heartfelt affection, sharing and caring, etc. Further, they were in need of some genuinely friendly people to whom they could express their feelings. While we were sharing ideas with them, they continuously came up with requests such as: “Please talk to me. You didn’t talk to me. Next time, when will you come again...” 

Following statements made by the probation officers, it is sufficient to drive home the strong need to subject the children who had been traumatized by sexual abuse to a counseling process. A certain couple, who had got married four years before, had decided to get divorced. Another person directed them to a counselor. In the process of counseling, it came to light that they have never had a sexual relationship up to that point. The woman involved had stated that whenever her husband approached her, she got utterly terrified, her whole body got bathed in sweat and that she felt lifeless. The probing of the counselor revealed that somebody had tried to abuse her sexually in her childhood. She had never told anyone about this incident. Even after marriage, she could not get rid of the terror and shock which were embedded in her mind. After marriage, she saw her husband who was approaching her as her tormentor who tried to rape her while she was still a child. This case makes it clear that failure to direct children who have been traumatized by sexual abuse to proper counseling could result in adverse repercussions which could continue to adulthood. As such, in order to rehabilitate children who have been traumatized by such incidents, a systematic and progressive process should be launched. An integrated counseling process involving the body, mind and the society should be implemented. According to the data we collected from the Department of Probation and Childcare, the percentage of girls who are subjected to sexual abuse exceeds the percentage of boys. 

Based on information obtained from the five probation offices for the period 2020-2023, the percentage of boys subjected to sexual abuse stands at 6%, whereas the percentage of girls is 94%. These data do not give the true percentage relating to sexual abuse. That is because these percentages refer only to cases that have been brought before the law. There are many more cases hidden in the society which have never been brought before the law and/or exposed by media. Any sexual matter pertaining to a girl gets exposed due to the Sri Lankan cultural frame, or once the girl conceives. Traumatic sexual abuses involving boys are hidden forever in the base of the society⁽¹³⁾.

The admission of boys who have been subjected to sexual abuse, to children’s homes, is at an extremely low level compared with destitute boys and boys subjected to bodily abuse. The reason is that sexual matters pertaining to boys are not of much concern to the boys, according to the dominant discourse. The facts emerged in the process of our research made us realize that the future of many children who had faced abuses of this nature is very unsafe. The reason is, according to data we collected from the probation offices, that children who have been subjected to sexual abuses are handed over to their homes very often to the guardianship of the grandmother or a close relative. No one can guarantee that the children who have been traumatized by such harassments could expect full protection from these types of guardians. Under such circumstances, there is a lot of room for these children to get victimized again and again to such instances.

How these children are being marginalized through the response of other social groups?

Response of the matron

The response of the matron shows to what extent the power and dominance exercised by them affect the children living in children’s homes. According to her, these children are liars. “I’ll tell you one. Even if you guys get the information, these guys are telling lies. If asked, they say they didn’t give them hair. They say they don’t have clothes. They say they are not sleeping.”

She sees these children as a naughty lot, who show no gratitude for what she is doing for them. The matron denounces these children in the presence of outsiders like us. As a result, these children would not develop any love for her and trust in her. There is no formal procedure to be followed in recruiting matrons to children’s homes. These matrons lack qualifications or a training necessary for this post. These facts indicate that not only the society, but even the administration is neglecting these children.

Response of the administration

The response of the administration shows how marginalized they are. “Those children are not the kind of children we think. They are not innocent just because they say they are innocent. No bathing. Not going to school. Don’t listen.”

Our study made it clear that the administration is taking action for the welfare of these children, but that there are some weaknesses in their courses of action. There is an ongoing dissension between the administration and the matrons of the relevant children’s homes. Officials of the administration claim that the matrons are not sensitive to the problems of children, whereas the matrons claim that the administration is not extending assistance to their activities. This ongoing tussle stands in the way preventing the launching of any project or program which would benefit the children.

Response of the parents and family

In Dinesha’s case (which is the third case included in the case studies), the parents of that girl rejected the custody of her. The girl concerned has not done anything wrong in this case, and all the other members of her family, including the parents, should be held responsible for her insecurity and the situation she is in at present. The negligence of the members of the family, the ignorance and failure to discharge responsibilities in a proper manner have strongly led to this situation. The rejection of the child (who has not done anything wrong to the family or the society) in the end by the members of her own family is a matter for great regret. The rejection of the custody of the girl by her parents makes her a double victim, in this situation. Parents are also abusive when they reject the child. Consequently, these children are marginalized when the society values their own reputation over the life of the victim.

“But what of the victim? Horrifying though the results of sexual assault by a stranger may be, at least the child should retain the support of the family. When the father is the assailant, her story is likely to be disregarded as fantasy; and even if she is believed, efforts to help may totally disrupt her environment. She has first to face a physical examination, often frightening, in the unpleasant surroundings of a police station. The removal of father may break up the family even to the extent of the children being taken into care and mother and siblings are then likely to blame the victim. Unhappily, the opposite solution a conspiracy of silence may not help the child either. In cases of incest, efforts to help without the authority of the law to back them up are likely to be ineffectual, and the offences often continue.”⁽³⁾

The children victimized by such incidents often become objects of assaults and harassments after the incidents. For example, in Case 1, the girl’s hand was burnt by her father after the incident. “Field experiences of nongovernmental organizations, that have come across cases of incest in Anuradhapura, the central and Sabaragamuwa provinces, suggest that the perpetrator feels that there is a degree of legitimacy for the practice. Using the Sinhala idiom, his point of view is that «the fruit of the tree belongs to it». One counselor working for a NGO in Colombo confirmed that a similar point of view was expressed by several men whose wives had gone overseas as migrant workers. They said «If I cannot get sexual satisfaction from my wife, why should I not obtain it from my daughter? Is it not better than going outside?»”.⁽⁶⁾

Response of the society

After these kinds of incidents, the society repeatedly discriminates against the victims – especially the female victims – through various ways.

Often, society views a sexually abused child (especially a female child) as a child whose life is already destroyed. “Damn, that kid’s life is over! How to get married now?” Factors like virginity cult and the ideology that the objective of a woman’s life is to get married are reflected in this remark. The above comment indicates that virginity is an essential prerequisite for a girl to become a bride. As a result, sexuality becomes a problem for these children from their early childhood.

• Often, sexual offenses are blamed on the victims themselves. Society expects women to control male sexual desires from their behaviour, attire and discipline.
• When children become victims to child abuse, cases involving girls get more highlighted. Also, it is women themselves who come out with various opinions regarding the abuse cases, causing much embarrassment to the girls involved. Hence, it is clear that the marginalized groups themselves support the idiosyncratic ideologies regarding sexuality.
• Stigma and shame attached to sexual abuse cases often prevent them from being exposed. This also delays the rehabilitation process of the victims.

The book The Broken Palmyra: The Tamil Crisis in Sri Lanka – an Inside Account, authored by Rajan Hoole, Daya Somasundaram, K. Sritharan, and Rajini Thiranagama, is referenced in the documentary No More Tears Sister⁽⁹⁾: “The soldiers destroy us one time. But the village destroys us a thousand times.” Similarly, the offenders destroy (sexually abuse) children only once, but the villagers destroy them a thousand times. The same idea is stated in the book Women, Sexual Violence and the Legal process in Sri Lanka: A study on rape. The “victims were often exposed to prying eyes and gossip” (Goonesekere and Guneratne, 1998, page 116). There is always “a sense of shame and isolation, and the unsympathetic environment a victim must face”⁽⁶⁾.

Another reason that prevents sexual abuse cases involving children from coming to light is the threats made by the offenders, scaring the victims, saying that he/she and/or their next of kin (parents/siblings) would be assassinated if the victims inform the offence to anyone.

• “Counsellors say that other family members, including the women, tend to cover up the reality since they do not want to risk publicity, and ensuing repercussions which they think would be more detrimental to the family as a whole, than the mental and physical trauma of the victim. The social ostracization the family would have to face and the stigma attached in such cases, as well as the economic burden that would fall upon the other family members if the violator (if he happens to be the bread winner) is penalized after persecution, deters most families from making the issue public. These factors weigh heavily against incest cases being taken against the perpetrators. When the victim is a child, the popular perception that the child would ‘forget’ the incident given the time, lulls elders into sense of complacency.”⁽⁶⁾
• Moreover, these incidents are used to control other children than to discuss the main issue. The society misplaces its focus and retraumatizes these children when they keep the spotlight off from the offenders. These incidents are also used to restrict female mobility in every possible way.
• Language is one of the most important discursive tools which displays the dominant ideologies of a society. Language is male-biased. For instance, people say: “If you are a boy, you can take a bath wherever you go”. These remarks save male victims from social stigma and causes male-child sexual abuses to be unsurfaced while emphasizing the pressure on female sexual abuses. In addition, the word “abuse” conveys a sense of impurity and implies that the child is deflowered or is in an impure state now.
• “In both instances of rape of a girl child and incest, ‘power’ plays a leading role. In child rape, the offense is often committed by a person who is in a position of authority or has custodial responsibility for the victim. Advantage of age, social class, economic standing, as well as family relationships are relevant to the abusive situations that surround the incidence of rape and incest. Newspaper reports of local correspondents reporting on police complaints or court cases offer ample evidence of this. Many of these cases indicate that the child is in an unstable family environment due to the mother travelling overseas as a migrant worker.”⁽⁶⁾

How does media contribute to marginalizing these children?

Viewing of pornographic films (blue films) make viewers become sexually perverted. These films include scenes depicting men and women engaged in sexual activities and even scenes of rape of women and girls by force. Once they see these films, their sexual feelings become uncontrollable, and they seek to satisfy their urge using small children. In addition, once minor children view such films, they try to imitate these scenes, luring them to sexual abuse. In media reports, the incidents regarding sexual violence are redramatized and sensationalized and are presented as titillating news. “Teledrama, the popular ‘mini films’ that are regularly broadcast on television channels, either romanticize violence or depict humiliation and lack of sympathy for victims of rape. They contribute to stereotyping the victim and the aggressor in situations of violence against women. They also reinforce popular negative attitudes in regard to the social stigma that follows victims of violence.”⁽⁶⁾

Response of the children traumatized by sexual abuses

Even though many children from foster homes are admitted to schools, their attendance is very poor. They come up with various excuses to justify their absence from school. Very often, they avoid attending school, saying that they have no school bags, uniforms or shoes. However, the observations we carried out in the surrounding area of the particular children’s home revealed how they had thrown away and sometimes burnt their school uniforms and school bags. In addition, very often their behaviour is violent. Often, they quarrel with each other. They use filthy words in abusing each other. For example, on a day we visited the children’s home, we found that Dinesha’s face had been burnt by another inmate girl. When we inquired about this matter from the matron, she stated that a quarrel had ensued between Dinesha and another girl in the process of which Dinesha had abused the other girl in filth, and in retaliation the other girl had burnt Dinesha’s face. The disappointment and the hatred lying dormant in their hearts are mirrored through these aggressive actions.

Drawbacks in the legal procedure

The victims are traumatized from the initial complaint to the trial. “Proper records of the first complaint and collection of evidence through proper investigation is crucial to successful persecution. A common criticism was that the police who handled investigations are not trained to record a first complaint accurately in the language of the complainant. Certain lawyers and NGOs complained of corruption in police service. One allegation was that police leaked information in the complaint to the accused. It was also alleged that political influence was used to encourage the police not to act on complaints. Delays in police investigations have been noted by NGO personnel... This long delay carries stress and fear to the victim, particularly when the person accused of rape and sexual violence is from the area.”⁽⁶⁾

Most lawyers and judges interviewed were satisfied with the medical reports, and thought they were professional. However, it was pointed out that there were sometimes inadequacies in the medical report, due to a doctor’s failure to understand his/her role in court proceedings⁽⁶⁾. “Doctors do not appear to have the counseling skills that can enable them to obtain information from a victim with sensitivity... They seem to focus exclusively on ‘reporting’ rape and recording injuries, and even this is not performed satisfactorily.”⁽⁶⁾

The legal procedure often fails to respect the privacy of a woman. “For a victim of violence, especially a victim of rape, criminal trial can be a humiliating experience... The female victim may consequently have to undergo a rigorous and hostile examination by counsel for the defence. The objective of the defense counsel’s examination is to attack the credibility of the victim’s testimony, to show that there was consent, or that the victim has wrongly identified the accused as the offender. The morals and character of the woman victim may also questioned by defence counsel.”⁽⁴⁾

“Women were humiliated in courts when they appear as victims or witnesses.”⁽⁶⁾ “Intimidation of witnesses and the victim outside the court room pending trial was also described as a factor that prejudices proper administration of justice.”⁽⁶⁾ “Delays in court proceedings in rape cases surfaced thrugh an examination of court records.”⁽⁶⁾ “There are news items of proceedings in rape trials of some years ago which indicate that victims have married the accused – an obvious indication of family pressure to save face.”⁽⁶⁾

The children whom we interviewed directly used the term “I was raped” without any hesitation. It is because this phrase is made familiar to these children in the legal process.

Recommendations

The victim should be directed to counseling. It should be an uninterrupted and progressive process over a long period of time. A more positive environment should be there for children, in children’s homes. The matrons should be more supportive and trustworthy for those victimized children. There should be a proper procedure in recruiting the matrons. The matrons should be careful in using their language. There should be a sound coordination between administration and the matrons/wardens. They should cooperatively implement programs to help these children. Increasing awareness about this issue is vital. We must make the society aware of the ways in which these children are traumatized and discriminated. The legal procedure is much concerned with the punishments given to the offenders rather than addressing and healing the physical and mental trauma of the victims. This approach should be changed.

Conclusions

In accordance with our research project, we ascertained how power and hegemony operate within the dominant discourse in a way that denies the rights, privileges and freedom of sexually abused children. Particularly, the discriminative sociocultural ideologies fostered by patriarchy are rather hostile to the female victims. Despite the fact that sexually abused children are not distinctively identifiable as a separate social community, they suffer extreme physical, mental and social annoyance. Accordingly, sexual offences pertaining to children are a severe problem which should be addressed, with considerable social and legal sanctions.  

Autor corespondent: Faiz M.M.T. Marikar E-mail: faiz@kdu.ac.lk

CONFLICT OF INTEREST: none declared.

FINANCIAL SUPPORT: none declared.

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