By M. Ranmuthugala, Consultant to the Centre for Equality and Justice
What if, one day, you go to the local Grama Niladhari or the Pradeshiya Sabha to get some official documents, and you are told that it will be difficult to get them now but to come later to a private place? Or what if the public official said to come to the bathroom in the building so that he can help you get it quicker? Would you go? How would you feel to be asked to perform sexual acts in return for official documents or assistance? This is a reality for many women and men seeking basic services from state or non-state institutions.
Sexual bribery happens when someone in a position of authority demands sexual acts in return for services or benefits. This is quid pro quo harassment. This could happen anywhere: many women and even men face this in various settings, including government offices, healthcare facilities, and corporate environments, here in Sri Lanka and around the world.
Over the last seven years, the Centre for Equality and Justice (CEJ) has been working to bring this issue to light and ensure that it is recognized as a punishable offense. Recently, as a result of this advocacy, sexual bribery was included in the new Anti Corruption Act, expressly making it a punishable form of corruption and bribery.
How does sexual bribery impact the victim-survivor?
The effects of sexual bribery are far-reaching and take a huge toll on those affected. Victim-survivors often feel ashamed, powerless, and as if they have lost their dignity.
Sexual bribery has a severe psychological impact; it could even prevent survivors from taking care of their families: In the first example in this article, a widow was trying to get a document needed to build a house. In the second example, a woman was trying to get a food pack from an NGO. Both of these examples show that the person asking for help faces a situation that puts them and their families’ lives at risk. These are their basic needs that are affected.
They may also face financial instability and depression, and may think about suicide. The individual is not the only one to feel the impact; it can also affect their families’ mental health and their communities’ sense of security and justice.
Children see the changes in their families and may experience depression and shame. This could lead to losing interest in school work and also make them generally angry. The community may also be afraid or avoid the official, which could reduce their ability to access the services they need.
What happens to the victim-survivor?
The women and men who face sexual bribery find that they don’t want to go to the offices again. They may stop going out or worry about losing the place they had in community. They may worry about being threatened or even harmed by the official.
They may not want to go to the police station to report it either. Usually, the reasons for not going to the police include being shamed by the police officer or facing stigma from their community. They may also be asked difficult questions and could experience re-victimization. The officers may not take down the complaint, or they may also ask for a sexual bribe from the victim-survivor.
What is stopping us from changing this and what can be done?
One problem is that we don’t talk about sexual bribery. Many people don’t know it exists. In urban areas, some people may not experience it because they don’t have to go to public officials often. They may have people to send to get their work done. Also, even if they do know about it, they may ignore it because it does not affect them. But in rural areas, more people know this happens. The issue is that even if they know, they are powerless to stop it.
If so, government officials and private company officials have a responsibility to talk about it and put in place systems that can stop sexual bribery from happening. How can this be done? If a case is reported, the heads of departments or the human resources department can remove and report the official who has been accused. The heads can also raise awareness about how sexual bribery happens and why it should be stopped. Training on stopping sexual bribery can help everyone.
The government can strengthen the laws: It first named sexual bribery as a form of bribery under the Bribery Act after the legal case of the Republic of Sri Lanka v. Abdul Rashak Kuthubdeen. This was followed by the Cabinet of Ministers approving amending existing laws in 2022. These amended laws made asking for sexual bribes a criminal act. The government hopes to make stronger laws in the future.
Another step that all organizations can take is to have professional codes of conduct that are reviewed at regular intervals. Any reported case of sexual bribery should be investigated and acted on. Any person found guilty should be removed from their post. This should start at the top and all staff levels must be given training and education materials.
All private and public organizations can also have a strong and fair complaints mechanism that helps victim-survivors make their complaints easily and without fear.
The government can strengthen existing laws and pass regulations: though sexual bribery is expressly recognised as a form of bribery in the Anti Corruption Act (ACA), some gaps still exist. The ACA uses the term ‘sexual favour’ to describe a sexual bribe, and the connotations of the word ‘favour’ here places the fault on the victim-survivor, thus perpetuating a culture of victim-blaming and shaming. Further, the person who gives the sexual bribe is also punishable under this law, which is misrepresentative of the nature of sexual bribery. It fails to take into account the power imbalance and coerced consent involved in soliciting and giving a bribe that is sexual in nature.
Lawyers should also be educated on this matter and have support systems to bring cases to the courts. This is especially true if another lawyer is accused of asking for sexual bribes in exchange for providing legal services. The law should provide responsive solutions for victim-survivors.
In doing so, every step of the reporting mechanisms should be kept highly confidential, so that victim-survivors can make their complaints without fear. They should feel safe during the process.
Victim-survivors must be given support: This can be legal, psychological, and social. These include mental health counseling, legal representation, support groups, and more. These specialized support services can help them in their healing process and recover from trauma.
There is much to be done in improving the legal and policy framework addressing sexual bribery in Sri Lanka. In order to approach the issue in a victim-centric manner, a holistic approach is imperative, and every part of the response mechanism must be improved and upheld for victim-survivors to access justice in a meaningful way.
If you wish to report an instance of sexual bribery, call the Commission to Investigate Allegations of Bribery or Corruption at 1954 or email ciaboc_gen@ciaboc.gov.lk.
