SEXUAL ABUSE AND EXPLOITATION OF BOYS IN SOUTH ASIA A ...

Section 365(a) of PCA 1995 forbids ‘gross indecency’. The section forbids anyone to
commit, or procure another person to commit, ‘any act of gross indecency’, with additional
punishment provided for those over 18 who commit such an act with a person under 16. The
section thus does not include additional punishment for those who commit offences upon
children between 16 and 18. Women as well as men can be considered perpetrators. However,
the term ‘gross indecency’ is not defined. It is generally used to mean sexual intercourse with
members of the same sex, and as such it has been used to victimize child victims as well as
their abusers. 432 It is not clear whether it could be used to address non-penetrative or nonphysical
forms of sexual abuse, including using indecent sexually explicit language towards a
child as well as indecent exposure of sexual activities and showing children pornographic
material.
Sexual harassment, including communicating suggestive words to a child, is adequately
covered in section 345 of the Penal Code and its 1995 amendment. The section prohibits
‘sexual annoyance or harassment’ whether committed by assault or criminal force, or by ‘the
use of words and actions’. 433 Although either males or females can be considered perpetrators,
and abuse by a ‘person in authority, in a working place or any other place’ is noted, this
section does not distinguish child victims from adult victims.
Sri Lankan law directly criminalizes incest. In the Penal Code and its 1995 amendment, incest
is defined as “sexual intercourse with another, who stands towards him in any of the
following degrees of relationship…”, 434 which include biological and adoptive parents and
grandparents, children and grandchildren, sisters, brothers, nieces, nephews, aunts, uncles,
widows and half-relations. The law applies to both male and female victims, and either males
or females may be considered perpetrators. However, this section does not distinguish
children from adults.
The 2006 amendment to the Penal Code addresses offences of child sexual abuse facilitated
by the Internet, such as procuring a child through chat sites. The amendment imposes
responsibility upon computer service providers to ensure that the “computer facility is not
used for the commission of an act constituting an offence relating to the sexual abuse of a
child”. 435 The amendment also imposes a duty upon any person to report to the police any
abuse of the child on premises they control or possess.
8.2.3 Sexual exploitation in pornography
Pornography was first addressed in section 286 of the Penal Code 1883, which criminalized
possession of ‘obscene’ books or other articles for sale, distribution or public exhibition.
Early legislation, including the Obscene Publications Ordinance No. 4 of 1927 and its
amendment act of 1983, enlarged the scope of pornography to include engaging in business
related to obscene publications or abetting their sale or distribution. However, these laws did
432 International Labour Organization (Coomaraswamy, R. and Satkunanathan, A.), 2006, ‘Anti-child trafficking
legislation in Asia: A six-country review’.
433 PC and PCA 1995, Section 345.
434 PC and PCA 1995, Section 364A.
435 PCA 2006, Section 286B.
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