3. Similarities and differences in terminology
Jump to
3. Similarities and differences in terminology Start Comparison
3.1 Domestic violence

In Sri Lanka, the PDVA primarily governs domestic violence. Section 23 of the PDVA defines domestic violence as physical or emotional abuse/harm done by a spouse, ex-spouse or cohabiting partner.[9]

Emotional abuse means a pattern of cruel, inhuman, degrading or humiliating conduct of a serious nature.

See also Schedule 1 of the PDVA for a full list of the physical acts covered.
3.2 Stalking
This is not defined.
3.3 Harassment
Section 345 of the Penal Code (Amendment) Act No. 22 of 1995 defines sexual harassment as unwelcome sexual advances by words or action by a person in authority, in a working place or any other place, and causing sexual annoyance or harassment by assault or criminal force. 
3.4 Victim
This is not defined.
3.5 Abuser
The abuser can be a spouse, ex-spouse or cohabiting partner of the victim, specific other relations of the victim, or specific other relations of the victim's spouse, ex-spouse or cohabiting partner.[10]
3.6 Civil protection order

Under Sections 10-13 of the PDVA, there are two types of protection orders: an interim protection order (valid for 14 days) and a protection order (valid for 12 months). Both prohibit perpetrators from committing acts of domestic violence.

The court can prohibit a perpetrator from: (i) entering the victim's residence (including shared and temporary residences), place of employment and school; (ii) occupying a shared residence; (iii) preventing the victim from entering or remaining in their residence; (iv) having contact with the victim's child (or granting conditional contact); (v) preventing the victim from accessing shared resources; (vi) contacting the victim; (vii) committing violence against anyone assisting the victim; (viii) following the victim; (ix) selling or making other financial arrangements regarding the family home; and (x) other detrimental conduct toward the victim.

Supplementary orders can be used: (i) to seize the perpetrator's weapons; (ii) for police to accompany the victim to collect their personal property; (iii) to order the perpetrator/victim to go to counseling/rehab sessions; (iv) to place the victim in confidential temporary accommodation; (v) to monitor and report to the court on how the order is being complied with; (vi) to order the perpetrator to provide urgent financial support for someone they are responsible for; and (vii) to financially support the victim's residence. 

If the perpetrator fails to make any payments due, the court can direct their employer to pay part of their salary toward this payment. 
3.7 Causes of action
This is not defined.
3.8 Marital rape
Sri Lankan law explicitly permits marital rape unless the parties are judicially separated (Section 393 of the Penal Code excludes marital rape from the definition of rape) and permits the marital rape of children over 12 years old. This is in conflict with Sri Lanka's family law, which sets the minimum age of marriage at 18 years old, although laws such as the Muslim Marriage and Divorce Act have no minimum legal age of marriage.
3.9 Are there any other important domestic violence terms defined in relevant domestic violence statutes and codes?
N/A