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Update: (Sri Lanka): Father Sentenced for the Rape/Incest of

His 13-Year-Old Daughter, After a Five-Year Trial

8 December 09

Background - http://www.ahrchk.net:80/ua/mainfile.php/2002/314/
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Sri Lanka: A man is sentenced for the rape of his daughter after a five-year trial

The Asian Human Rights Commission (AHRC) has been informed that a rape victim for whom we have been campaigning has finally won her case in court, after a judge took particular interest. The victim has been fighting a criminal case against her father for more than five years, during which she has been threatened and harassed, and has endured continual court delays.

UPDATED INFORMATION:

Sandamali (pictured, with permission) was 13 years old when she was raped a number of times by her father in 2002, and had already experienced considerable domestic abuse along with her mother (read more in UA-51-2002).

The rape trial was opened in the high court in 2005 after many delays; it was then called 23 times. On 17 November 2009 a new judge decided to conclude the case after hearing that Sandamali and her mother were being regularly pressured to settle out of court by associates of the perpetrator. After listening to the first witness, also the victim's mother, Justice Surasena asked the state counsel to make his submission, which was a request for the maximum penalty. The perpetrator had already spent four years in remand, and was sentenced to ten more years' rigorous imprisonment and fined Rs 20,000.

The conclusion of this case is gratifying yet delays of this length are common and intensely traumatic; plaintiffs often live with regular threats and other forms of pressure for them to settle. This is one reason for the low rate of criminal conviction in Sri Lanka.

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http://www.ahrchk.net:80/ua/mainfile.php/2002/314/

 

Sri Lanka: A 13-Year-Old Girl Was Raped by Her Father Multiple Times


ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

25 October 2002
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UA-51-2002: A 13-year-old girl was raped by her father
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Sandamalee (13), a student of year 8 was raped by her father (37) on 2nd September 2002. She revealed her story when her mother (34) saw her husband raping her daughter with her own eyes on the night of 26th September 2002.

Sandamalee had been raped by her father more than 6 times since 2nd September 2002.

The mother of the victim reported this to the police on the 27th September 2002, the day after she saw this horrible scene. The father of the victim was arrested on 2nd October 2002 by the Kandy police and handed to the Manikhinna police.

The father of the victim was further remanded when he was produced in courts on 11th October 2002. He is a vendor living with his wife, the daughter and the son of eleven years. They were living in Pallekele, Kandy for last three years.

When the father first raped the victim on 2nd September, the victim's mother was in Colombo participating in the Janabala Meheuma (a demonstration held in Colombo to support peace initiatives by the present government). The father of the victim sent his son to the nearby boutique and raped the victim around 8:00 p.m.

The victim was threatened with a knife by her father before being raped. The 13-year-old knew about her father, how dangerous he could be, since he used beat and torture her mother after getting drunk.

The victim is a student of a college nearby Kandy and she wishes to continue her studies. According to the mother, the young girl still screams even during the daytime when she remembers this horrible experience. She was admitted to Kandy hospital for a medical examination and stayed there for four days.

Fearing that the father would attempt to kill the victim and her mother, the mother removed the victim from her school the day before her father was arrested. The mother of the victim reported this incident to a human rights group, which has begun to prepare a shelter for the victim to stay and continue her studies.

However, the victim and her mother fear for their security. The fear is that the father will try to harm the daughter and mother. Child rights and child protection are not much talked about in Sri Lanka, therefore, the state has no programmes to help such victims and provide them counseling and other protection.

There is also a fear that proper investigation may not take place. The human rights group helping the family wants the state to take greater responsibility for the young girl and her family, and provide protection and help them to seek justice.

 





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