Defences to Fatal and Non-Fatal Physical and Gender Based Violence We have noted that the Penal Code’s defences to crimes of violence are gender neutral. Consequently the impact of GBV on women because of circumstances such as intoxication is not considered relevant in the formulation of the legal principles that determine whether the accused was in such a state of intoxication that he can plead culpable homicide not amounting to murder (unintentionally causing death), or a lesser offence of causing grave but? not fatal injuries. Besides the interpretation of “provocation” as a defence to a charge of murder, or even culpable homicide not amounting to murder does not recognize the concept that a woman may have been provoked to violence herself by a violent male spouse, partner, family member or person in the community. Provocation as a defence must be proved to be “grave and sudden.” The defence of “battered women syndrome” recognized in some countries has not emerged in interpretations of the defence in Sri Lankan Courts, which emphasize the “grave and sudden” element. However the concept of “continuing provocation” a man suffers at the hands of a woman has been recognized in cases where a man has been accused of murdering a woman (Samitamby v Queen (1971), Premlal v Attorney General, Kelaniya Female University Student’s Case (2000). The Civil Law and Non-Fatal Physical Gender Based Violence Intentional acts of physical violence (eg. Assault) and intimidation, or negligent acts of physical violence that cause non-fatal injuries or psychological abuse may give rise to a remedy of financial compensation according to the principles of the Roman Dutch Law of civil wrong or “Delicts.” Such acts which are done intentionally or negligently can be the basis of a claim in a civil court for damages. Common civil cases are medical negligence, or intentional harm caused through medical procedures, or denial of treatment, that can also impact on reproductive and sexual health. Such actions can be filed by women and girls against family members or service providers in the community. Actions based on claims for damage caused by “nervous shock” is a development of the jurisprudence on civil wrongs that can also give a remedy in the form of financial compensation for injuries suffered. (See Annex). Kidnapping, Illegal Abduction and Illegal Detention, including in Situations of Conflict Abduction, especially in times of conflict can infringe women’s reproductive rights. The Penal Code does not recognize a general offence of kidnapping of an adult male or female, as this offence deals only with kidnapping of children or abduction out of the country. (S. 350). However, compelling or inducing “any person to go from any place” constitutes a separate offence of “abduction.” A higher punishment is imposed for kidnapping an adult woman from the Island, or a girl child under 16 years from lawful guardianship, or abduction to compel marriage, or for seduction or ‘illicit’ intercourse or to subject them to grievous hurt. (S. 357, 358). A writ of habeas corpus can also be filed against any private person or public official who has unlawfully arrested and detained a person in illegal custody. The writ can be used to question the conduct of public officials or private persons alleged to have abducted a woman, a man or a child. (See Annex). Wrongfully restraining a person’s liberty and freedom of movement were recognized as minor crimes in the nineteenth century Penal Code through several offences. The Penal Code criminalises as an offence of wrongful restraint with minor penalties of imprisonment or fine, obstructing a person so as to prevent them from “proceeding in any direction in which they have a right to proceed.” (S. 330). An exception to 10 COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS