Prosecuting Sexual Bribery in Sri Lanka: A study on Sexual Bribery and ‘Consent’ of the Victim

Abstract

The ability to prosecute Sexual Bribery (SB) in Sri Lanka (SL) is owed to statutory interpretation. However, SB of only public servants is considered bribery, whereas SB of private sector employees is considered as a sexual offence, thus entirely misrepresenting the gravity of the offence. While it is vital to address this discrepancy, it is equally important to classify SB under bribery and corruption. International review and research suggest the concept of ‘coerced consent’ to tackle the issues of prosecuting SB under laws for sexual offences. This study analyses that until SL amends its laws to expressly criminalise SB, in both public and private sectors, statutory interpretation of ‘coerced consent’ being incorporated into the legal system of SL seems a promising means to resolve this. Keywords: Sexual Bribery; Sextortion; Coerced Consent; Bribery and Corruption; Bribery Act