- A survivor’s guide to medical care, legal action, and recovery
Sexual abuse remains a deeply entrenched issue in Sri Lanka, fuelled by a culture of keeping silent and victim blaming, systemic gaps in the justice system, and a lack of proper education and awareness.
It is a critical concern in society, with the country seeing thousands of cases reported annually. The issue is often the elephant in the room in many households and institutions, with parents, families, educators, and administrators often prioritising the ‘image of the family’ over the health and well-being of victims.
Combatting this crisis, however, requires a multi-pronged approach, which several organisations are geared towards implementing: establishing Penal Code laws, appropriate sexual education in schools, and fostering a community that allows survivors to speak without fear or stigma.
However, most of the time, this is not enough. At present, Sri Lanka has a long way to go in terms of judicial and community-based measures.
What does help, though, is education. Access to resources. Knowing what you can do by yourself, and who and what can help you. Therefore, The Sunday Morning compiled this guide – a basic structure and guideline on what to do and how to do it – if you ever face a situation where you feel violated or abused.
Immediate steps
Speaking to The Sunday Morning, Sri Lanka Sumithrayo Chairperson Suranjani Wickremeratne said: “If someone faces sexual assault or rape, the most critical steps are: ensure immediate safety, seek urgent medical care, preserve evidence, and contact trusted support services.”
The first and foremost step, according to her, is to find a safe space. Prioritising personal safety by moving to a secure environment is vital, and is the first step to receiving help following a traumatic experience.
After that, while it is very easy to get caught up in the chaos of things, there are a few major steps to follow:
- Seek medical advice and attention
- Preserve evidence
- Report the incident
- Access psychological support
- Access legal support
Medical advice and attention
Seeking medical advice and attention must be done as soon as possible in the aftermath of sexual assault, as this not only prioritises physical well-being and health but also provides the opportunity to immediately document and preserve evidence. Wickremeratne said: “Go to the nearest hospital or clinic immediately for treatment and forensic examination.”
However, options are not just limited to the general space of a hospital. A survivor can also look for more specific care by contacting a Mithuru Piyasa; these are dedicated psychosocial and counselling units that specialise in handling sexual assault survivors with care, privacy, and dignity. They can be accessed at the Castle Street Hospital for Women in Colombo and district general hospitals.
Similar to these units, Yowun Piyasa – which is an adolescent and youth-friendly health centre that provides medical examination, counselling, sexual and reproductive health services, and more – can also be found in teaching hospitals such as Colombo South and Kandy, as well as several base hospitals.
In the event of inability to access either of the above, both Sri Lankan State hospitals and private care facilities in general work just fine, as they provide vital and time-sensitive medical interventions. Initial treatment for injuries or external physical trauma such as lacerations and bruises will be provided, and if the need arises, individuals may be transferred to a larger national hospital where specialists such as obstetricians, psychiatrists, and forensic medicine specialists/Judicial Medical Officers (JMOs) are available.
For women, emergency contraceptive measures need to be administered as soon as possible (ideally within 72 to 120 hours) after the incident. Emergency contraceptive pills are also available in pharmacies and do not require a prescription.
Further, HIV Post-Exposure Prophylaxis (PEP) is also available in hospitals where there are consultant venereologists and in all Sexually Transmitted Infection (STI) clinics in all districts. Depending on the need, individuals could be transferred to such a facility. A short course of HIV PEP is available in some private sector hospitals as well. This needs to be taken within 72 hours of the incident for it to be effective.
Preserving evidence
Speaking to The Sunday Morning, Attorney-at-Law, legal trainer, and Parivartan Executive Director Radika Gunaratne said: “The first priority after an incident is the preservation of evidence.”
Although, psychologically, the innate drive to forget and move past a traumatising event may say otherwise, victims should avoid actions such as bathing or clearing the scene in the aftermath of an assault; clearing up the area as well as oneself could jeopardise forensic evidence before one is able to obtain medical and legal help.
“DNA evidence, among others, is required to be preserved. But in practical situations, abusers usually clean and clear the scenes,” she noted.
Keeping a journal or diary
In cases of rape and sexual abuse, there is a history of concrete evidence being overlooked. Delays in Police referrals and the shortage of JMOs in the country contribute to the loss of vital physical and trace evidence before medico-legal examinations can take place.
Further, the psychological impact of sexual abuse also leads to victims remembering information differently as they process their experiences. Gunaratne further noted that defence lawyers often aimed to challenge such contradictions.
A primary manner in which one may document a solid timeline of events, as well as keep the details of an incident clear long past its occurrence, is through a journal.
Gunaratne noted that trauma, especially that related to sexual abuse, could impair memory and a person’s recollection of events. Therefore, having physical proof, gathered day by day instead of at the end through a singular recollection, holds much more weight, and provides a steady timeline that explains the chronological order of events (especially in cases of prolonged abuse) and details it immediately after it has happened.
“Keeping a diary, or keeping a record of the chain of incidents with the sequence of how it happened and what happened after, is really important, because it is expected of the victim to report to the Police immediately after the incident. Therefore, a diary of chronologically recorded events can be taken as evidence,” she said.
As such, compiled documentation such as a journal or diary provides a more solid point of view of the victim, leaving less room for confusion of details and time period.
Reporting the incident
It is difficult to ascertain which move should come before or after, as reporting to the Police goes hand in hand with seeking medical attention. According to Gunaratne, the incident should be reported to the nearest Police station or the Police Bureau for the Investigation of Abuse of Children and Women, and the victim should be referred to a JMO for evaluation.
Sumithrayo Chairperson Wickremaratne also stated that survivors could file a complaint at any Police station, where trained units existed to handle cases of sexual violence.
Accessing psychological support
The most important thing to remember is that the survivor is not alone. Especially in the case of such a traumatic incident, it is incredibly vital that they do not succumb to the isolation and depression that is brought on by such a scenario.
Wickremaratne noted: “Friends and family should listen without judgement, believe survivors, and accompany them to hospitals or Police stations if requested.” Additionally, she stressed that mental health support was vital for recovery; in such a scenario, professional therapists can help manage trauma.
The resources listed in Box 1, including specialised Non-Governmental Organisations (NGOs) and Government-backed health services, offer completely free and confidential professional counselling, psychological support, and legal guidance for survivors of sexual assault and gender-based violence.
“Healing is gradual,” Wickremaratne noted, emphasising the essential nature of professional help. “Friends and family are supportive, but they are not substitutes.”
Accessing legal support
In the case of pressing charges against one’s attacker and abuser, seeking justice does not have to fall flat – even in the chaotic landscape of Sri Lanka’s legal system. Navigating the aftermath of an assault is deeply traumatic – and survivors do not have to go through it alone.
For legal aid, the resources listed in Box 2 provide free legal advice, guide a survivor through the court process, help protect their rights, and represent the survivor in court.
The legal process
Sisters at Law is a national charity for women’s rights and human rights in Sri Lanka, founded by human rights lawyer and former Chairperson of the National Child Protection Authority (NCPA) Marini De Livera. When contacted by The Sunday Morning, the organisation provided its Court Assistance Booklet.
According to the booklet, Sri Lanka has a three-tiered legal system. The lowest tier contains what is called courts of first instance, meaning courts where complaints/cases are heard by judges and juries. Only criminal courts can have jury trials.
Appeals from the decisions of the courts of first instance come before the Court of Appeal. This court has the power to either affirm or reverse the decisions of the courts of first instance.
The Supreme Court is the final court of appeal, and makes the final holding for appeals that arise out of the Court of Appeal. The Supreme Court only hears appeals from the Court of Appeal and not from the courts of first instance.
Under Sri Lankan law, children under the age of 16 cannot legally provide consent for sexual interactions. According to Gunaratne, cases involving minors are handled in a manner different to those involving adults and are governed by a variety of legal laws, such as revisions to the Penal Code, the NCPA Act, the Evidence Ordinance, and the Code of Criminal Procedure.
Once the case of abuse is reported to the relevant authority and following medical interventions, the resulting medical report along with the initial Police complaint, which are important elements of the investigation process, are presented to the relevant Magistrate’s Court. In cases involving minors, the Police must directly involve the NCPA, which may undertake its own investigation in coordination with Police authorities.
“The NCPA does not have the statutory powers to act above the Police. It requires Police coordination to conduct inquiries. The challenge is that the NCPA depends heavily on Police support to carry out investigations, and if that support is lacking, it can affect the quality and progress of the inquiry,” Gunaratne noted.
She added that Sri Lankan law provided special provisions for the protection of juvenile victims. These include prohibitions on direct confrontation between a child and the alleged perpetrator or abuser, in-camera court procedures that are closed to the public and media, and the use of alternate forms of testimony when appropriate. “At every stage, including trial and Police inquiry, the child should be protected from having to directly face the alleged abuser,” she said.
The legal system, however, is not without flaws, as cases of adult victims vary significantly. While juvenile victims receive specific procedural protections, adult complainants may be subjected to direct cross-examination during court proceedings. “If it is a child, direct cross-examination is prohibited. But if it is an adult woman, cross-examination definitely happens, where she has to face her abuser or rapist,” Gunaratne noted.
Wickremaratne also noted that the Multi-Sectoral National Action Plan to Address Sexual and Gender-Based Violence (SGBV) – launched with the aim of also strengthening the rights of girls, women, and gender minorities – connected survivors to women development officers, trained Police units, and legal aid.
A day in the court
The Court Assistance Booklet further details what a survivor should do in preparation for attending their day in court.
Firstly, find a lawyer to represent the case. “Having a lawyer represent your case in court may greatly increase the prospect of a favourable outcome. It is best to start the process of seeking representation as soon as possible,” the booklet notes.
Then, discuss the issues with the lawyer or junior lawyers and prepare for the case; it is also important to keep a record of all communications. Documentation such as the Police complaint, letter of request to the lawyer, affidavits, medical records, psycho-social and psychiatric reports, and victim authority complaints have to be compiled and kept safely.
The booklet too emphasises the preparation of evidence. It reads: “While there is no obligation in Sri Lanka to preserve or present any evidence that may be adverse to your case, if the court so orders, you must be able to provide such evidence. Be sure to provide your attorney with any tangible evidence or affidavits that are relevant to your case.”
Within the court, it is easy to lose your wording and confidence – especially when you’re forced to bare your vulnerability for judgement. Therefore, Sisters at Law advises to ‘write down what you plan to say’.
Most evidence is given through oral testimony on the stand. Survivors must work with their attorney to determine how to give their testimony in the most effective way possible, but be prepared for cross-examination by the opposing counsel. The most important thing to remember is to be consistent with the testimony.
The booklet also advises survivors to visit the courthouse prior to their hearing, in order to familiarise themselves with the setting. As court proceedings are generally open to the public, it may be beneficial to sit in on other court proceedings and observe how the parties conduct themselves, how they are dressed, and how they present their cases. “This will take some of the anxiety and uncertainty out of your own court date, and increase your comfort in the courtroom,” the booklet states.
Finally, plan the day: individuals can set their outfit out the night before and make sure all documents are packed and available. Research travel times and set an alarm to lessen the anxiety of the day and prepare to arrive early. “This will give you time to settle in, calm your nerves, and finalise your strategy with your attorney,” it notes.
Prevalent in all professional settings, formal attire helps to make a favourable impression. However, not everyone has access to high-end professional clothing, and all that is required of someone who appears as a litigant before the court is decent attire.
For women survivors, this includes but is not limited to blazers, sarees, shalwars, dresses and skirts (that are not too tight or short), and low heels or flats.
It is advised in the booklet not go to court wearing sweatpants or leggings, T-shirts, sneakers or sandals, hoodies or sweatshirts, miniskirts, cropped shirts, hats, or any items with words on it (especially with swears and graphic language), as such clothes are considered inappropriate in Sri Lankan context.
How to respond/act in court
According to the booklet, individuals appearing in court are advised to wait for their turn to speak and maintain a professional demeanour throughout proceedings. It notes that court hearings are formal legal processes rather than personal disputes, and that behaviour in court can influence a person’s credibility and the impression they make.
The booklet further advises that judges should be addressed as ‘Your Honour’ and that courtesy and proper courtroom etiquette should be maintained, even during stressful proceedings. It also reminds individuals that support is available to them throughout the legal process.
When responding to questions, the booklet recommends providing clear verbal answers rather than relying on gestures such as nodding or shaking one’s head. It emphasises the importance of telling the truth in full, noting that half-truths and exaggerations may undermine credibility, while honest and professional responses are more likely to assist the court.
The guide also encourages individuals to avoid language that conveys uncertainty, such as repeatedly prefacing answers with phrases such as ‘I think’ or ‘I believe’. It advises against using verbal fillers such as ‘um’ and ‘ah’ and recommends responding professionally even when faced with uncomfortable questions.
In addition, the booklet advises individuals not to rush their answers when questioned by a judge. Instead, they should listen carefully and ensure they understand the question before responding.
It further notes that judges often seek clarification to better understand a case and that confidence, good posture, eye contact, and clear speech can help strengthen a person’s credibility in court. The guide also recommends practising speaking and standing as one would in a courtroom before attending a hearing.
Box 1
Resources for survivors
- Women In Need (WIN)
25, Tickell Road, Colombo 8
24-hour hotline: 077 567 65 55
Tel: 011 267 14 11/011 471 85 85
Email: connect@winsl.net
- Sri Lanka Sumithrayo
Main office line: 011 269 2909 (available 9 a.m. to 8 p.m.)
Tel: 0707 308 308
WhatsApp: 0767 520 620
Email: info.slsumithrayo@gmail.com
- Ministry of Women and Child Affairs
Hotline: 1938 (toll free)
- National Child Protection Authority (for survivors under 18)
24/7 helpline: 1929 (toll free)
- Mithuru Piyasa (friendly abode) units
24/7 direct national hotline: 070 2 611 111 (call to find the closest open unit near your current location)
- Yowun Piyasa (youth hub) at the Family Health Bureau
231, De Saram Place, Colombo 10
Tel: 0112 681 309/0112 696 677
Email: info@familyhealth.gov.lk
Box 2
Resources for legal aid
Colombo/Western Province and nationwide
- Sisters at Law
1st Lane, Colombo
Tel: +94 71 481 0979 27
Email: sistersatlawsl@gmail.com
Website: www.sistersatlaw.org
- Women In Need (WIN)
24-hour hotline: 077 567 65 55
Tel: 011 267 14 11/011 471 85 85
Email: connect@winsl.net
- Legal Aid Commission of Sri Lanka
No. 129, Hulftsdorp Street, Colombo 12
Hotline: 011 243 3618
Tel: 011 243 36 18
Jaffna/Northern Province
- Centre for Women and Development
7, Ratnam Lane, Jaffna
Tel: +94 212 224 398
Email: cwdjaffna@gmail.com
Batticaloa/Eastern Province
- Women In Need, Batticaloa
Tel: 065 2228388
Email: connect@winsl.net
Galle/Southern Province
- Legal Aid Commission – Galle
Tel: 091-2226124
Kandy/Central Province
- The Women’s Development Centre (WDC)
Tel: 081-2234511, 081-2228158
Email: wdc@slt.lk