Sexual violence refers to sexual activity where consent is not obtained or freely
given. It occurs any time a person is forced, coerced or manipulated
into any unwanted sexual activity. There are various forms of sexual violence and they include; rape, sexual assault, incest, sexual exploitation and unwanted or inappropriate sexual contact. Most of these cases are not reported to the appropriate authorities and those that are actually reported are not taken seriously. An example of such an incident is Wangu Kanja of the Wangu Kanja Foundation. Back in 2002 she was carjacked and raped at gunpoint and when she reported the case to the police, they simply reported the incident as robbery with violence; not rape. She later on went to form her foundation in 2005 so that she could use her experience to help women, girls and men who have gone
through sexual violence to access comprehensive care and support
including medical, psychological and legal services. Through her efforts she hopes to make violence against women a social issue in Kenya.
Sexual violence against women is prominent in Kenya and this can be attributed to the societal view of the issue. Not too long ago there were cases of women being stripped in public for "dressing indecently" and the incident seemed to be repeated in different parts of the country. It was not until there was a public outcry that the government stepped in and had the perpetrators of the heinous crime prosecuted. This incident brought to light not the disease but, the symptoms of a much worse disease that has plagued our society. Whenever there is an incident of rape, others tend to justify it by laying the blame on the woman for the manner in which she was dressed. This in no way is a justifiable excuse for none has been given the power to play judge, jury and executioner.
In 2012 there was an incident in New Delhi India where a girl was gang raped 6 men on her way back home with her boyfriend. The girl had was just from seeing a movie with the boyfriend and was on her way home when the incident took place in the bus they were in. After the incident they were thrown off the bus and 13 days later, the girl succumbed to her injuries. Despite the fact that the incident took place in India, traits of the same can be seen within our society. In 2013 there was a case of a 16 year old girl being gang raped and when she identified 3 of the suspects, they were asked by the police to cut grass then later released.
This problem cannot be solved with just a blog or a couple more blogs on the same issue. Forgetful as often we are as Kenyan's, we need constant reminder that there is actually a problem and this blog is to that effect. However, for change to take place it will require the collective effort of the entire society. Women should be advised to speak up when they encounter this problem and men should be raised up to act as gentlemen. Hopefully then, we shall start to see change.
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ReplyDeleteArticle 2 of The Universal Declaration of Human Rights states that "everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."
ReplyDeleteArticle 1 of The Declaration on the Elimination of Violence Against Women states that "violence against women means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life."
Article 4 (c), further asserts that states have an obligation to " exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the state or by private persons." This means that the law, should at all cost endeavor to ensure that women’s rights are protected.
Do we really need to remind those in government that it is their duty to ensure that there is no gender-based violence? Apart from ensuring that chapter 4 of our constitution is well interpreted, the government need to put in place structures to make sure that perpetrators in abuse against women are punished according to the law, regardless of their position or influence in this nation.
It is so embarrassing when the state cannot help the weak, and I think this is the reason why this lady decided to start her own foundation to help voice out these criminal offenses committed against women.
We have rules, our constitution is clear on such matters. ‘Punishment of rape’, Section 140 of the Penal Code, CAP. 63 states that “any person who commits the offence of rape is liable to imprisonment with hard labour for life, with or without corporal punishment. "
‘Attempted rape’, Section 141 of the Penal Code, CAP. 63 states that “any person who attempts to commit rape is guilty of a felony and is liable to imprisonment with hard labour for life, with or without corporal punishment. "
What else do we need? Evidence? Do we really need to act by ourselves while we have leaders who should advocate for respect of human rights? I think it’s about time to rise and say enough is enough, we can’t live like we’re in an anarchy state. Rights of every individual are the basic and fundamental constitutional rights.
Great article Harry