Page 51 - KDU INTERNATIONAL JOURNAL OF CRIMINAL JUSTICE

KDU International Journal of Criminal Justice (KDUIJCJ)
Volume I | Issue II| July 2024

1.0. Introduction

Caste me not away is a phrase adapted from the works of William
Shakespeare used here to evoke the themes of rejection and acceptance
in the context of statutory rape laws. Romeo and Juliet, two star–crossed
teenage lovers in William Shakespeare's world-famous play, faced many
obstacles in their pursuit of love as their families were enemies with each
other. In the present scenario, Romeo and Juliet exemption clause (R and
J Clause) is applied to teenage lovers who voluntarily engage in sexual
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activities before entering the legal age of consent . This legal age of
consent usually ranged from 16 to 18 years in different territories and
jurisdictions.

The offence of rape can be classified under three categories: statutory,
non-statutory and incestuous rape. Statutory rape is defined under
section 363(e ), non -statutory rape under section 363 (a), (b), (c ) and (d)
of the Penal Code of Sri Lanka. Incestuous rape has defined in section 364
A of the penal code of Sri Lanka. Under statutory rape, the consent of the
woman is immaterial when the woman is under 16 years of age. Further,

the consent is immaterial under the circumstances of when she is under
detention, threat, put in fear of death or injury , or her consent is given
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to the perpetrator believing that he is her husband or given her consent
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when she was in unsound mind or a state of intoxication .
The history of statutory rape can be traced back to England, and the
Statute of Westminster prohibited “ravishing” a girl less than twelve
years of age (Leslie and Tenzer, 2019). In that period, statutory rape was
introduced as an offence due to two reasons; to protect teenagers from
being sexually abused and to secure male control over female sexuality
in order to preserve male dominance (Oberm, 2001). Adolescents
worldwide are experiencing sexual violence and sexual abuse
progressively in their teenage years, the criminalization becomes more

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