More Police Involvement Necessary To Prevent Child Abuse

By Roel Raymond

As many as 14 cases of grave sexual abuse were reported in the month of July 2010 alone. A 15 year old in Vavuniya was sexually abused by her brother-in-law and later delivered a stillborn baby, while another 15 year old, also in Vavuniya, was sexually abused over a period of four months by her father.
A 15 year old in Ambalantota was forcefully taken away from home and sexually abused by a young man, while the same act of violence took place on a 14 year old living in Anuradhapura. A 16 year old from Thambuthegama was sexually abused over a period of three months by a 21 year old married man from the same area while a 15 year old in Katuwa was subjected to sexual abuse by the 27 year old man she was married to. A 12 year old in Avissawella was sexually abused by her 52 year old uncle, an 11 year old in Aluthgama by her 34 year old uncle while a 7 year old in Valachchenai by a 60 year old neighbour.
In Suriyaweva, a 14 year old was abused by a man she was romantically involved with while a 14 year old was abused by her 22 year old older brother whilst at home. A 15 year old in Dickwella was sexually abused by a 21 year old youth from the same area as was an underage girl from Badulla who was abducted by a 29 year old, while a 14 year old in Weliweriya was sexually abused by her uncle and is in a critical condition.

The Law

While Section 365B of the Amendment to the Penal Code states that ‘any person who in public or private, commits or is party to the commission of, or procures or attempts to procure the commission by any person of any act of gross indecency with another person, shall be guilty of an offence and shall be punished with imprisonment of either a description for a term, which may extend to two years, or with a fine.’ It goes on to say that ‘where the offence is committed by a person over eighteen (18) years of age in respect of any person under sixteen (16) years of age, shall be punished with rigorous imprisonment for a term not less than 10 years and not exceeding 20 years, with a fine and shall also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed.’
It is unclear however, if the perpetrators are given the punishment they deserve, as much of the evidence hinges on police action or inaction in relation investigations into each case.

The Official Reply

Police Spokesman SP Prashantha Jayakody was quick to reassure The Sunday Leader that the police force did its utmost to uphold the law in relation to reports of child abuse and conduct investigations into each case. The Director, Bureau for the Prevention of Abuse of Women and Children (who did not want to be named) was equally quick in telling The Sunday Leader that the institution did the best it could in conducting investigations into cases reported to them and submitting the reports to the Attorney General.
Both officials however did not divulge statistics, substantiate statements, or, at the very least, direct the questions to a relevant authority in possession of further details.

The NCPA

Chairperson, National Child Protection Authority, Anoma Dissanayake said that while the NCPA did its best to fulfill its functions under the National Child Protection Authority Act No: 50 of 1998, a lack of resources affected its operations.
The NCPA has in its service only 22 police officers, greatly impeding its effectiveness, and more police assistance and support on a ground level is necessary in order to tackle the ever increasing reports of child abuse.
Dissanayake also said that the NCPA was pushing for government approval and assistance in establishing ‘safe houses’ for children. Very rarely, she said, was a perpetrator an outsider, in which case in would do well for the child to be kept away from unsafe environs and further psychological trauma of having to live with or within the vicinity of the offender
She also said that the NCPA was looking into implementing ‘foster parent schemes’, already evident in other Asian countries with high levels of child abuse, such as Thailand.
However, resources, volunteer counselors and police officers are in need, she said, in order to effectively tackle the vicious cycle that abuse brings with it.