been considered as amounting to violation of the fundamental right to freedom from torture under Article 11 of the Constitution. [See Annex]. Trial courts however use their sentencing powers under the Penal Code as amended in 1995 to give financial compensation to the victim. In the recent Kurunegala rape case for instance the Supreme Court upheld the decision of the High Court to give a significant award of financial compensation to the victim. We have noted that the amendment to the Penal Code in 2006 called for psychological harm or mental trauma to be considered “injuries” for the purpose of awarding compensation. Compensation for the sexual offences of rape and, grave sexual abuse can be assessed on this basis. Either inadvertently or as a matter of policy, compensation which includes psychological harm has been included for homosexuality, but not for incest. While the inclusion of psychological harm is a positive change, the overfocus on financial compensation can contribute to creating the impression that the violence can be excused by giving money to the victim. This perception undermines the legal policies of zero tolerance for sexual violence embedded in the Penal Code amendment, and encourages leniency and impunity in the community for GBV. There is also inconsistency in the manner in which compensation in cases of homosexuality and lesbianism and incest are viewed. There is a clear need to review the approach to the former offence, (see later discussion), and also include psychological harm as an aspect of compensation for injury in cases of incest. This would also be consistent with the approach of the legal system in including psychological harm in the definition of domestic violence for the purpose of obtaining remedies under the Domestic Violence Act 2005. b. Civil Trials Actions for civil wrongs under Roman Dutch law that involve GBV that affects Reproductive Health Rights can be brought as individual civil actions in the District Courts of Sri Lanka – the court that usually deals with civil matters. The concept of a husband’s right to bring a civil action for rape of his wife, based on Roman Dutch law is an anachronism that has not been addressed in reform of laws on sexual offences (See Annex). Proceedings relating to marriage, divorce and separation under the General Law come before District courts and are regulated by the Civil Procedure Code as amended. (See Annex). All Sinhala and Tamil people must resolve therefore disputes relating to marriage, separation and divorce through Court proceedings. Muslims and Kandyans are governed by separate laws, but these proceedings are different and do not come initially to the civil courts. [See Annex). Civil actions are brought by filing a plaint to which the other party must answer. Lawyers are retained for these proceedings by both parties and witnesses are called in the proceedings. These proceedings are also adversarial in nature and there can be aggressive questioning of the person who files a case and witnesses. Civil actions including the initial procedure of filing the plaint and answer can take years, and it is rare that such private actions are filed. [See Annex]. Matters relating to marriage and divorce are dealt with by entirely different procedures in Quazi Courts according to the Muslim Marriage and Divorce Act (1951). These proceedings involve a procedure of conciliation and may place women at a disadvantage. The procedure known as a fasah divorce for cruelty will come before the Quazi Court, and are decided by male quazis. Cases of divorce in Kandyan law are comparatively simple, since divorce is available for breakdown of the marriage and one year’s separation, or mutual consent. An official, a registrar of marriage under the Kandyan Marriage Act (1952) hears the parties. If separation is proved or the parties consent, the official registers the divorce. However there 30 COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS