of “statutory rape,” because the offence is committed irrespective of whether the girl under 16 years consented or not. It is based on the idea that being under the age of sexual consent, she lacks legal capacity to consent, making the rape an offence of child abuse. The law on statutory rape has become controversial in later years. It sets an age of 16 years for expressing consent to sex, an age already recognized in the law on minority as the relevant age of evolving capacity to make personal decisions. Since the age of majority in Sri Lanka is 18 years this amendment reflected a policy of recognizing the reality of adolescent sexuality, evolving maturity of girls, and their right to make decisions on reproductive and sexual health and well-being, at a lower age of 16 years. The age for expressing sexual consent in regard acts considered rape therefore is considered 16 years, conforming with the age of consent in other areas such as expressing consent to medical procedures. This legal concept of statutory rape is not understood clearly by judges and lawyers in trial courts, because the amendments use the phrase “with or without her consent” in defining this offence in S.363 (e). This has created the impression that a girl of 14 or 15 in particular who has sex with a man has in fact consented to sex, and that it is a consensual act, and the man should not be punished for rape. We see therefore a disconnect between the legal concept of statutory rape as child sexual abuse perpetrated by a man on a minor child who lacks capacity to consent, and the perception that an under-age girl or teenager in fact consented to sex. This disconnect has led to cases where an accused charged with Statutory Rape is not given the punishment stated by law, but his sentence is “suspended.” This in turn leads to the legitimization of child sexual abuse of adult men. Several conversations have been held between women’s groups, gender advocates and the State agencies on law reform such as the Ministry of Women’s Affairs and the Law Commission without creating a consensus on the meaning and rationale of this law. (See Annex). The severer punishment imposed for rape of a minor under the age of 16, or 18 (the age of majority). S. 364 (2)(e), indicates that the 1995 amendment considered this a grave form of rape. We have also noted the amendments to S. 364 in 2006, which in an Explanation 4, included psychological or mental trauma in the definition of “injury” for the purpose of payment of compensation. Yet the practice in the courts tends to ignore this rationale. (See Annex on Sentencing). A proviso to S. 364 that gives the court discretion to reduce the sentence when the sexual intercourse is by a minor under 18 years and a minor girl under 16 years, when she has “consented”, has also reinforced the perception that the underage girl “consents” to intercourse. This has led to arguments that the boy should not be considered to have raped the girl, leading to suspended sentences or non-prosecution. (See Annex). e. Gang Rape, Rape of Pregnant Women, or Women with a Mental or Physical Disability These forms of rape are not distinctly or separately defined, as criminal offences in the Penal Code, but attract greater penalties as a form of grave rape according to S. 364 (2) (d)(f) and (g). In gang rape each accused will be charged separately, and there is no additional penalty beyond that specified for the other form of rape, though gang rape is more brutal from the perspective of the victim. f. Grave Sexual Abuse that does not amount to the Offence of Rape Rape was defined in the Penal Code Amendments as non-consensual sexual intercourse by a man, and where she is his wife, she is judicially separated from him. The proposals for reform addressed the COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS 17