"Those girls came with us on their own willingness" -- is what the teachers now say ... right?

"Those girls came with us on their own willingness" -- is what the teachers now say ... right?

A new aspect has been focused upon according to certain legal arguments in relation to the incidents which created a sensation all over the internet by now about two school teachers of Moneragala had sexually abused some female students.  

This incident when considered from the point of view of moral cultural ethics, should be frowned upon by all civilised sectors of society which certainly does not fall in line with the activity of the
teachers. But on the other hand, the legal side of teachers are getting ready bring out the argument in relation to this incident the point that all the students concerned involved in this issue have associated the teachers this way with their consent and therefore it is not justified to label the teachers as sexual offenders. 

The teachers Hashan Ratnayaka and Suneth Hettigoda concerned in this involvement have been apprehended by police because Suneth has by way of fun taped this teacher-pupil abuse incident and releasing it across the internet. According to information received by police about the video, inquiries were launched for about one week and they were taken into custody; but the students have not lodged any complaint to the police relating to this offence. 

Anybody scrutinising the video which circulated over the internet is made to understand that the student involved behaves in a manner that her behaviour is not something unfamiliar to her and that she behaves in a way that she voluntarily indulges in the act to please her partner. What is interpreted in clause 365 of Sri Lanka's penal code as a case of abuse of a female is motivating any female for sexual intercourse against her consent. However, abusing an underaged female less than 16 years of age even with her consent is interpreted as a case of abuse. High Court could under such a crime sentence such an offender to a jail term of 7 to 20 years. If in order to prove an allegation of such abuse in High Court, it should be proved by evidence that sexual intercourse took place without any consent of her and by force. For this purpose, external evidence, medical evidence and DNA evidence could be secured. 

According to legal opinion, obscene scenes accompanying the video which have reached the internet are essentially important in the case of the defence. If this is necessary for them it could be produced at the court-hearing and use it in their favour to prove that this was not an instance of female abuse which took place under force. If this student was to sit her first ordinary level examination, she should be somewhere between the ages of 16 - 18 years. According to legal opinion, the biggest loophole is interpreting a girl of 16 years as a minor and that the person should be over 18 years in order to enter into matrimony. As such, it is indicated that some injustice is done to a female who is subjected to sexual abuse if within 16 - 18 years. 

According to news that keep streaming in, these already married tuition masters have in order to dupe the said student and all other students have used a strategy whereby they had displayed a preference to get away from their present marriages and get married to these girls. It is the legal opinion that in circumstances such as this they are afforded under the Sri Lankan law the opportunity in their favour. As such, until the time such a female who has been so abused gets married to that male, the girl concerned is afforded protection and once she reaches her proper age he could enter into marriage with her and on instructions of attorney-general the legal case could be withdrawn. 

Whatever it is, according to the system in operation in Sri Lanka, to arrive at a final verdict in High Court where an abuse case of this sort is concerned; it nevertheless would take a period of at least 10 years. 

Initial report on the incident:

Hashan sir and Suneth sir of Moneragala who sexually abused students ... in custody