Sri Lanka’s Penal Code includes sections about consent. It is mentioned in section 363.

However, this section does not indicate the age of consent. In fact, it says that sexual intercourse with a girl below the age of 16 is a ‘statutory rape’- that means, it is considered a crime under the law regardless of whether she expressed consent or not.

‘Age of consent’ is the age at which a person is considered to be capable of expressing informed and voluntary consent to sexual activity according to law.

This is only a legal guideline. We need to reflect on whether it covers all the factors relating to ethical, emotional, and psychological readiness to engage in sexual relations.

Law on consent is enforced to protect minors from potential violence and exploitation.

However, any sexual activity requires consent based on open communication and mutual respect.

Having no mention of the age of consent of boys is a gap in this law.

This law does not cover sexual relations between a lawful husband and wife. That means the husband or wife can have sex even without the partners consent. Do you think it is fair?

How do I speak about consent with my partner?

Talking about consent with your partner is an essential step in building a good relationship. Discussing consent is very important for developing a shared understanding of each other’s boundaries and desires.

Discuss boundaries openly with your partner in a private and undisturbed setting, whether in-person or online, before engaging in sexual activity. This conversation should happen ahead of time, as discussing boundaries during sexual arousal can be challenging. Ensure consent is obtained right before starting any sexual activity. Clear communication beforehand can enhance the experience for both partners.

Remember, consent is an ongoing conversation. Its goal is to create a safe and respectful environment for both partners. Consent can also be withdrawn at any point. Consent can be revoked even during sexual activity by using clear words such as ‘enough’, ‘stop’, or ‘no’.

If your consent is violated at any time, this is what you can do:

Prioritize your safety

If you feel unsafe or uncomfortable, remove yourself from the place/ situation.

Communicate clearly

After confirming your safety and comfort, talk about your feelings with the person who violated consent. Express your discomfort and assert that your boundaries were not respected.

Seek help

Go to a trusted friend, a family member, or a counsellor to discuss the situation and seek support. Particularly if you experience continued psychological stress, consider speaking with a mental health professional who can provide guidance and support. Try to create a support system around yourself to seek comfort and guidance.

If you have faced sexual violence such as rape, immediately go to a hospital further support.

Report to officials

Consider reporting the incident to relevant officials if the consent violation relates to a crime, an illegal activity, or if it is a threat.

Get medical treatment

Get treatment immediately if you experience rape. Take emergency contraceptive pills if there is a possibility of an unwanted pregnancy. It is important to get tested to see if you have contracted a sexually transmitted infection

Document the incidence

If needed, document in detail the information related to the consent violation including the date, time, place, and relevant communications. This may be useful in the future.

Consider legal action

Depending on the seriousness of the consent violation, seek advice from the Children and Women Bureau of the Sri Lanka Police to understand your options.