The first amendment to the Sexual Offences Act (Law No. 17/2014) was ratified by President Ibrahim Mohamed Solih on Monday (December 6, 2021), upon which it has been publicized in the government gazette.
The amendment was passed on the 44th sitting of its third session on November 29, of the People’s Majlis, comes into immediate effect with the ratification.
With the ratification, the amendment repeals Section 20 of the Act that provided for the offense of marital rape in limited circumstances.
What are the new amendments
- The amendment re-defines rape, sexual injury, and sexual assault to extend the offenses to married couples.
- The use of rape evidence kits has been mandated for victims of sex crimes listed in the below sections under the Act.
- Section 14: Offence of Rape
- Section 15: Offence of attempt to rape.
- Section 16: Offence of Sexual Injury
- Section 17: Offence of attempt to cause sexual injury
- Section 18: Offence of sexual assault
- Section 19: Offence of attempt to cause sexual assault
- Section 20 (b): Offence of sexual act with a Mahram (without the consent of the Mahram)
- Section 24 (b): Offence of Sodomy (without the consent of that other person)
- Section 28: Offence of sexual offense with a person with a disability.
- Section 38: Forcing upon another person to perform a sexual act (where the other person has lost his mental faculties, is in a state of insanity, or has no power to physically defend himself)
- Mandates the provision of rape kits at all government hospitals and health centers and training staff at these facilities, with a “victim-centers” “trauma-informed” approach.
- Mandates providing victims with information on Sexually Transmitted Infections (STI)s and testing for STIs upon request.
What’s next: The amendment imposes the health ministry to make detailed laws and guidelines on evidence collection, obtaining victims’ consent, and using rape kits in collecting samples from adults and minors, as well as on storage of such kits within 60 days of sanction of the amendments, after discussing with Maldives Police Service, Family Protection Authority and Child and Family Protection Services.
Learn more about the “Rape Kit” and its Importance. (coming soon)
