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Slow to adapt, slow to change: SL’s latest abuse scandal is a clarion call for stronger laws

08 Jul 2021

[caption id="attachment_148118" align="alignright" width="235"] "It’s important for a child to be in an environment that is as close to a family as possible, rather than being thrown into an institutionalised care home with a hundred other kids"  iProbono Country Representative/Equality Law Director Aritha Wickramasinghe[/caption] The recent reports – of a 15-year-old girl who was sold online for sex – have caused an uproar and fresh talks surrounding child abuse in the country. The sexual exploitation of children, both girls and boys, is a burning issue that has been on the rise without discussion, and this recent event has sparked many intense discussions on issues and shed light on the magnitude to which such incidents have developed. We question if Sri Lanka has an adequate system to deal with cybercrimes, but unfortunately, taking the recent issue where a former Maldives minister, a Pradeshiya Sabha Deputy Chairman, and a monk were arrested in connection with the case into consideration, we are inclined to believe that we are simply not equipped to handle such crimes and serve justice. Brunch spoke to a few authorities on the topic of child abuse, raising questions about our local justice system’s effectiveness, the long-term mental and physical health implications, and what a child could do to help themselves in such a situation. Speaking to Hans Billimoria of The Grassrooted Trust on the topic of cybercrimes in relation to child abuse, he stated that schools and families must do better in making sure our children and young people have access to information on available support, primarily linking them with the National Child Protection Authority (NCPA). He questioned what we are waiting for; how many more incidents of rape and child sexual abuse it will take before the powers that be deem it time to challenge the shame-fuelled misconceptions that oppose sensible education reform so that our children and young people are no longer easy prey. Further adding to this sentiment, he commented: “It is tantamount to criminal negligence that our education system continues to fail in putting in place a standard age-appropriate approach to child protection.”   [caption id="attachment_148114" align="alignleft" width="232"] "Understanding the fact that child abuse is not always physical and does not always involve sexual intercourse is important, as a child can be abused without any form of physical contact whatsoever"  ECPAT Executive Director Mohammed Mahuruf[/caption] Covid created good opportunities for abusers When we spoke to End the Sexual Exploitation of Children (ECPAT) Executive Director Mohammed Mahuruf, he informed us that sexual exploitation cases against children are definitely on the rise, mainly as a result of technology, among other reasons. Speaking of the 15-year-old girl’s case, which caused controversy in the past few weeks, he added that there is a high use of technology and that it is just one of many such events taking place in Sri Lanka, also noting that there are many more traffickers operating in secrecy who are difficult to trace. On the topic of why this online sex trafficking ring was permitted to operate for so long, he explained that the authorities do not have the capacity to look into all these cases, even though they have been given various forms of training. He further commented that there are also practical issues pertaining to the implementation of the law.  “When the lockdown started in March last year, the schools were closed. Within a period of three to four weeks, the NCPA announced that child abuse cases had increased at an alarming rate. Even though that can be understood, that is just one side of the issue. Children are not going out, not even to schools; children are confined to their houses, and children’s association with neighbours has also increased. That sort of situation creates good opportunities for abusers,” he explained. Mahuruf did observe that these don’t seem to be organised crimes, but rather situational abuses, and that they take place when the child is vulnerable. In addition, there are a lot of factors that lead to such abuses. “When it comes to online sexual abuse cases, they seem to have increased. Due to the Covid-19 situation, there are a lot of children who have started using the internet, especially for educational purposes, and this creates a good opportunity for predators. As a matter of fact, it is a problem common to the entire world,” he added. He opined that the only way to eradicate or lessen the issue at hand is to create social awareness, explaining that some party has to take the initiative to do it, especially with a focus on raising awareness on what constitutes child abuse. It is clear that the community has to take the lead in this process. He also added that we have to understand this is not like other social issues, such as drugs. Most of these incidents are not known by many, and sometimes, even those we identify as educated people are not aware of what child abuse is, he went on to explain. When we talk about this topic, the most common idea that comes to the mind of many is foreigners coming to Sri Lanka and abusing our children. However, Mahuruf stated that is not the bigger issue, and also commented that we don’t seem to know what is happening under our noses. “Understanding the fact that child abuse is not always physical and does not always involve sexual intercourse is important, as a child can be abused without any form of physical contact whatsoever. People not being aware of these aspects of this issue is a huge gap that needs to be filled,” he concluded.   The justice system has failed [caption id="attachment_148116" align="alignright" width="235"] "It is tantamount to criminal negligence that our education system continues to fail in putting in place a standard age-appropriate approach to child protection" The Grassrooted Trust Director Hans Billimoria[/caption] iProbono Country Representative and Equality Law Director Aritha Wickramasinghe informed us that in the case of the 15-year-old girl, there is already a legal proceeding: Complaints have been filed and prosecution of the perpetrators will take place soon. We asked Wickramasinghe what someone put in such a position could do to help themselves, to which he stated that sadly, there is very little they can do, which points to a failure in the justice system in Sri Lanka. “What usually happens, especially with the child, is that the court will probably issue an order to take the child into some form of protective custody, which will mean the child is shipped off to some children’s home somewhere. The child will remain in that home until the child becomes an adult, which in a way is re-victimising the child,” he explained. He stated that these homes are similar to prisons in many ways; the child is not able to be free. As the child has been trafficked all this time, we have to agree that the child needs protection, but we need to look at whether institutional care is the correct form of protection as well. Wickramasinghe further explained that the child will also need counselling, but again noted that there have been many questions raised on the quality and standards of such counselling. “We also have to be sure that when the child is being taken in for court proceedings, that these proceedings are held in a sensitive manner, and look at the interests of the child,” he added. He observed that generally, in several cases in the past, there were actually child victims of rape being taken to court proceedings in the prisoners’ bus with the rapist and other criminals, which again, re-victimises the child. These facts all point towards the idea that our legal system needs some serious reformation. We asked Wickramasinghe if instead of sending children to institutionalised homes, would he have another recommendation that takes into consideration the wellbeing of these children, or if we simply need to look at revamping these homes. He suggested that these children could be given to another guardian, and we can look at a foster care system. “It’s important for a child to be in an environment that is as close to a family as possible, rather than being thrown into an institutionalised care home with a hundred other kids. We have to opt for other methods and alternative care for children.”   [caption id="attachment_148115" align="alignleft" width="239"] "I think we see many examples of amazing people who have undergone abuse, who are now champions of the cause, bringing awareness and making positive change for so many"  Arnaha Center for Wellbeing Director/psychologist Kavitha Amaratunga-Perera[/caption] The implications of lack of consent Arnaha Center for Wellbeing Director and psychologist Kavitha Amaratunga-Perera stated that not just in the short term, but in the long term too child sexual abuse has a range of impacts. Listing a few, she mentioned that depression, anxiety, and anger issues well into adulthood are commonly seen in those who have faced abuse as children. There can also be post-traumatic stress disorder (PTSD), dissociation, and in cases such as the 15-year-old girl who was repeatedly abused, a more pervasive complex trauma could also take place. It’s difficult and grim, she noted, adding that research, however, does show that a good support system along with good coping strategies and resilience can lead to what we call post-traumatic growth, which is basically a positive psychological change in the face of adversity. “I think we see many examples of amazing people who have undergone abuse who are now champions of the cause, bringing awareness and making positive change for so many.” We asked her whether in such cases of long-term sexual abuse if this would affect the person’s sexual experiences in the future, to which she explained that many who have been abused do struggle with intimacy and relationships, and have complex relationships with sex itself. “They could either avoid sexual experiences, or they might have sexual addictions. Either way, there is a lot of shame and confusion attached to such acts.” As we all know, consent is the key to any intimate act. Talking about the importance of being able to give consent, Amaratunga-Perera stated: “Consent, active ‘enthusiastic’ consent makes any sexual experience better. Clear communication and mutual respect are the foundations of any type of relationship. We use the term ‘FRIES’ to describe what consent should be: Freely available, Reversible, Informed, Enthusiastic, and Specific.” She further stressed that it is important to get children to understand what consent is from an early age. Parents and teachers have the responsibility to introduce these concepts early as possible. “There are great resources on the internet that provide us insight as to how we can have these conversations with children in an age-appropriate manner. It is the first step in keeping children safe,” she commented. The obvious conclusion one can draw is that when it comes to cases of child abuse and rape, there does not seem to be justice for these victims, unless and until the whole country raises their voice against this unjustness and corruption. In the age of technology and the entirety of the internet being easily accessible, one cannot deny that parents and guardians need to have a hand in monitoring their child’s internet usage, but as with this case, it is important to have a proper system in place. This topic, as taboo as it may be to a country so rooted in its culture, needs to be at the forefront of discussions, and awareness must be brought to all those facing uncomfortable situations such as this.


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