On 18 December, the lifeless remains of a 13-year-old girl were found just 500 metres away from her home. The girl was reported missing on 15 December. When the body was found, it was reportedly missing a limb, and following an autopsy performed by the Mullaitivu Judicial Medical Officer (JMO), it was ruled that sexual assault was the cause of death.
Since more information has come out regarding the assault and murder of the school girl, with details that indicate the young teen was subject to extended sexual assault at the hands of a relative, on 19 December, protests were held in Mullativu demanding justice for the young girl. The protestors highlighted instances of violence against women and children, and demanded justice for her death.
With regard to this matter of demanding justice, what the majority of the general public assumes to be justice is the sentencing of a perpetrator by the justice system and their eventual imprisonment. Speaking to former Human Rights Commission of Sri Lanka (HRCSL) Commissioner Ambika Satkunanathan, she shared that there are many root causes that must be addressed when it comes to demanding justice, adding that simply sending someone to prison will not solve all of our problems.
She stated that the patriarchal society and the objectification of women is what leads to eventual atrocities such as this, which is part of our culture. Then there are the psychological aspects when it comes to paedophilia and child abuse. She said that all of these things must be addressed. “The only way we know to bring people to justice is by sending them to prison,” she said, and while fear of punishment is just one factor, we cannot send all of society to prison. Therefore, these other factors must be addressed.
She also addressed the nature of the justice system, stating that often in South Asia, we see that there is a considerable lapse of time between the indictment of a matter and the eventual judgement. “This is why even in land matters, people are advised not to go to courts because it can take a lifetime,” she said.
The justice system is, unfortunately, incredibly slow. Often times we see that in cases of sexual assault of minors, the victims are adults by the time the entire matter comes to fruition, where the victim has lived a lifetime of trauma and does not wish to further their suffering.
Centre for Policy Alternatives (CPA) Senior Researcher and Attorney-at-Law Bhavani Fonseka also stated that there are very few cases in the recent past that can be recalled where the justice system has given confidence to the victim. She shared that with regard to matters like sexual assault or any serious incident, the track record shows that limited action is taken to hold perpetrators accountable. She added that even on the very rare occasion when the perpetrators were held to account, the Executive made a decision to negate that.
If you’re affected by the above content or if you/someone you know may be dealing with a similar situation, the following institutions would assist you:
Sri Lanka Police Child and Women Bureau: 011 244 4444
NCPA: 1929
Ministry of Child Development and Women’s Affairs helpline: 1938
Women In Need (WIN) 24-hour hotline: 077 567 6555
