Rape within Familiar Spaces: A Socio-Legal and Criminological Analysis of Sexual Violence in Sri Lanka through Routine Activity, Power-Control, and Feminist Criminology

Abstract

Sexual violence remains a persistent concern within the criminal justice system of Sri Lanka. In the appellate decisions examined in this study, many rape cases occurred within familiar settings and involved perpetrators known to the victim. Despite the criminalisation of rape under the Penal Code of Sri Lanka, sexual violence occurring within domestic and socially trusted settings continues to expose enduring legal and structural inadequacies in the protection of victims and the effective administration of justice. This study explores the patterns and contexts of rape occurring within familiar settings in Sri Lanka, particularly where the offender is a relative, acquaintance, or other trusted individual. It seeks to identify the patterns that emerge in such cases, examine how criminological theories explain these dynamics, and assess whether the existing legal framework adequately responds to these offences. The study employs a multi-method qualitative research methodology comprising both doctrinal and socio-legal documentary approaches. The doctrinal component critically analyses the relevant statutory provisions and reported judicial decisions contained in the New Law Reports (NLR) and Sri Lanka Law Reports (Sri LR). The socio-legal documentary component relies on a qualitative content analysis of selected unreported Court of Appeal judgments to identify recurring patterns relating to victim–offender relationships and offence settings in cases of rape committed within familiar locations. The analysis identifies recurring patterns in victim–offender relationships and offence settings within the appellate cases examined. These cases frequently involved routine proximity, relationships of trust, and unequal power dynamics. These findings underscore the influence of entrenched patriarchal norms on victims’ vulnerability and reporting behaviour. The study concludes that effective responses require criminologically informed legal reforms, strengthened victim protection mechanisms, and greater recognition of structural gender inequalities within Sri Lanka’s criminal justice system.