Medico-legal Evidence in Rape Cases: Analysis with Special Reference to Sri Lanka

Rape incidents against women have increased due to various reasons over the past few years in Sri Lanka. In the recent past, the brutal nature of the rape incidents has escalated along with the subsequent assassination of the rape victims. It is a known fact that the dark figure rate of rape is considerably higher than the reported rape incidents in Sri Lanka. Many reported rape cases are not concluded with conviction and this allows the perpetrators to unjustly enjoy impunity. This thrusts victims into vulnerable situations shrouded in social stigma. Medicolegal evidence plays a vital role in rape cases; perhaps, it may be the best evidence that the prosecution has to prove the case. Furthermore, the medico-legal evidence can be used for the purpose of corroborating the story of the victim. This evidence has immense probative value as the witness is an independent third party who is a professionally qualified expert in the field of forensic medicine and the Law of Evidence in Sri Lanka considers the opinion of expert as direct evidence. The quality and the reliability of medico-legal evidence depends on the medicolegal examination performed on the victim. An efficient medico-legal service is of utmost importance in this regard. In many instances, medico-legal evidence has not been consistent with the story of the victim which have raised concerns regarding the quality of medico-legal evidence and medico-legal services available. Faculty of Law, University of Colombo, Sri Lanka *Corresponding author; email: jeevaniriella@gmail.com The objective of this paper is to review legislation relating to medico–legal evidence and services in Sri Lanka to improve its quality such that justice is provided to the rape victim through a successful prosecution.