What is Sexual Violence? Sexual violence is a crime and is punishable by imprisonment. Sexual violence includes a wide range of criminal offences. Under the Kenya Sexual Offences Act of 2006, sexual offences include any touching of another person’s intimate or private parts without permission, or touching intimate or private parts of someone who is under 18 years old. Of course, sexual offences also include actual sexual intercourse without permission or with a person under 18. When determining if sexual violence has occurred, the issue of permission is critically important. If a sexual partner’s consent to sex is obtained by the use of fraud, force, threats or intimidation, or by an abuse of authority (for example the authority of a teacher over a student)—it is sexual violence and it is punishable by law. If someone is unable to give permission because that person is asleep, unconscious, or is affected by medicine, alcohol or drugs, having sex with that person is a crime. Attempted acts of sexual violence, are criminal offences too. For example, it is a crime where someone attempts sexual intercourse without permission or with a person under 18 years of age. It is also a crime if a person, who is HIV positive, deliberately and knowingly infects another person through sexual intercourse. 1A
Sexual violence is never the victim’s fault and there is never a good excuse for sexual violence People who commit sexual violence often try to blame their violent behavior on the victim. We see an example of this when Njau claimed that it was Baby’s fault because she wore a short skirt and was dancing in a sexy way. This is wrong; the victim is not to blame. If you are a victim you are not alone and you should not be ashamed. Sadly, more women have been sexually assaulted in Kenya, and understand what victims have gone through, than you think. Studies show that 49% of Kenyan women reported experiencing sexual violence in their lifetime and one in four had experienced sexual violence in the previous 12 months. If you are a victim of sexual violence, or you feel threatened like Baby, you should tell someone you trust—someone you can trust to be supportive. When opening up to someone you trust, you should answer their questions honestly. You should ask them to accompany you to the hospital or medical authorities and the police. You should not go to the police and hospital alone. There are also organizations which may counsel you and provide other support services to you. You will find a list of services on the last page of this book. As a parent your role is critical. If you are a parent, do not leave your child to suffer through an ordeal like this on their own. If your child is a victim of sexual violence, this is not a reason for family shame. You should help your child report the incident to the police, see a doctor, and get medical help and counseling. If a friend or family member is a victim of sexual violence, they may be embarrassed to talk to you about what has happened. You should reach out to this person and offer to help them get medical help and report the incident to the police. You may go with the victim to the hospital or medical authorities and police station—they should not go alone. Encourage witnesses to tell the police what they know or have seen and, if necessary, to testify at the trial. Immediate and ongoing support from the victim’s family, local community and school authorities is important. Do not dismiss allegations of a sexual assault, just because you like the person who is being accused or cannot believe that they would do such a thing. Unfortunately, even people you know and like are capable of sexual violence. People who are arrested for sexual violence may sometimes try to defend their abusive acts by saying that they know the victim well – maybe they are an important adult in the victim’s life or are in a romantic relationship with the victim. They might also claim that they didn’t know that what they were doing was against the law. None of these excuses are valid defences to a sexual violence crime. If you are convicted of a crime of sexual violence under the Sexual Offences Act, the judges cannot lighten your sentence of imprisonment for those reasons. There is no excuse for sexual violence and a strong united stand against it will help reduce sexual violence in Kenya.
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What happens at the police station? You should report any act of sexual violence to the police as soon as possible. If your injuries do not require you to get medical help right away, you should go to the police station to report the crime before going to the hospital. It is always a good idea to bring a trusted friend or parent with you to the police station and hospital, so you do not have to go through this experience alone. The police will make a record of the report in the occurrence book (OB). Once they do that, they will give you a number called an “OB number.” Save this number somewhere, you will need it later if you want to find out what happened in the case against the person who assaulted you. The police will ask you questions about the assault and you should answer the questions honestly and completely. It is understandable that talking about what happened is hard but you should take your time and try your best to give as many accurate details as possible. The police should write down what you tell them. They will then ask you to sign the bottom of this paper. This is called a “written statement”. Before you sign it, read it carefully to check that it correctly states what you told them. You should pay careful attention to the name and description of the person who attacked you, your age, your name and the facts surrounding the attack. Tell the police if something in the “written statement” is incorrect and have it corrected before you sign the paper. The police will fill out a form called a “P3” form. It is important to get this form from the police. If you are not given a P3 form, you should ask for one. You do not have to pay for the form, it is free. If you went to the police station before you go to the hospital, you should bring the P3 form with you to the hospital. Give the form to the clinical officer or doctor, who will complete the rest of the form. If you went to the hospital before going to the police station, the hospital should have given you a PRC1 form. You should bring that form to the police station and give it to the police. They will attach it to the P3 form. 26A
What is the punishment for sexual violence? Rape is a crime. Sexual Assault is a crime. Attempting sexual assault is a crime. Sex with a child is a crime. Sex with someone without their permission is a crime. The punishment for sexual violence in Kenya is imprisonment. If found guilty, the person who committed the crime can serve anywhere from 5 years to the rest of their life in prison. The age of the victim, the severity of the assault and the relationships of the criminal to the victim will affect the length of imprisonment. Rape can be punishable by a prison term of between 10 years to life. Gang rape (when more than one criminal participates in a rape) may be punishable by life in prison. If the victim is under 18 years of age, the mandatory minimum prison term is longer. Sexual intercourse with a child between 16-18 years old carries a minimum prison term of 15 years. If the child is between 12-15 years old, the minimum prison term is 20 years. If the child is under 11 years old, the sentence is life in prison. A sexual relationship with a child under the age of 18 who is a relative by blood or marriage carries a life sentence. Rape is a crime. Sexual assault is a crime. Attempting sexual assault is a crime. Sex with a child is a crime. Sex with someone without their permission is a crime. If you are thinking of having sex under any of these circumstances, think again. If you are sentenced to “Life” – your life is over. 37A
General Police Tel: 999 (from a landline) 112 (from a mobile telephone) www.kenyapolice.go.ke
Hospitals Lists of hospitals, health clinics and medical centres available online at www.hospitalsworldwide.com/countries /kenya
Gender Violence Recovery Centre Tel: +254 (0) 20 386 2774 www.gvrc.or.ke
Community Alliance Network in association with Kenya Alliance for Rural Empowerment (KARE) Executive Director of KARE: Tel: +254 (0) 72 178 2381 +254 (0) 72 138 2034 www.theworldcan.org
Liverpool VCT Care and Treatment Tel: +254 (0) 20 271 4590 www.lvct.org
SASA Worldwide Contact details for survivors: Zamzam Sora: +254 (0) 71 125 4660 Jacqueline Agonda: +254 (0) 72 141 3607 www.sasaworldwide.org
Federation of Women Lawyers (FIDA Kenya) Tel: +254 (0) 20 387 0444 +254 (0) 20 387 3511 +254 (0) 20 260 4044 Email: info@fidakenya.org www.fidakenya.org
Nairobi Women's Hospital Ngong Road, Nairobi
Support and Counseling One2One Youth Hotline Counselling regarding HIV, sexuality, sexual & reproductive health and rights, interpersonal issues and relationships and referral to appropriate services. Toll-free: +254 (0) 80 072 0121 +254 (0) 80 0221 1121 SMS: +254 (0) 73 852 3152 Opening Hours: 8am to 8pm www.one2onekenya.org Coalition on Violence Against Women (COVAW) Tel: +254 (0) 20 804 0000 +254 (0) 72 259 4794 www.covaw.or.ke COVAW Valley Field Court, House no. 2, Korosho Road – off Gitanga road Valley Arcade, Nairobi
SASA Worldwide 5th floor Landmark Plaza P.O. Box 50622-00200 Kariobangi North, Nairobi
Amboseli Road – off Gitanga Road, Nairobi
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Support and Counseling Centre for Rights and Education Awareness (CREAW) Email: info@creaw.org www.creawkenya.org
CREAW Kenya Covent Drive, Lavington Off Isaac Gathanju Road, Nairobi
Children’s Organisations The CRADLE Tel: +254 (0) 20 387 4575/6 +254 (0) 72 220 1875 Email: info@thecradle.or.ke www.thecradle.or.ke
Childline Kenya Tel: +254 (0) 20 205 9722 +254 (0) 72 763 7076 +254 (0) 73 581 3344 Email: info@childlinekenya.co.ke www.childlinekenya.co.ke
The CRADLE House 2, Adj Wood Avenue Apartments, Wood Avenue, Kilimani Mama Fatuma Children's Home Tel: +254 (0) 20 676 4735 +254 (0) 72 266 0047
Rescue Dada – Shelter and Rehabilitation Tel: +254 (0) 72 569 4624 Email: info@rescuedada.net www.rescuedada.net Rescue Dada Center Songot Walk – off Park Road, Nairobi
www.mamafatumas.org
Mama Fatuma Goodwill Children’s Home, Eastleigh, 2nd Avenue, Nairobi
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