2020 has been a year with so many ups and downs. Ever since the Pandemic hit our Country in March forcing the shutdown of many learning institutions. All students went back home as they await further instructions. This lead to endless rape cases.
On July 23rd, 2020, The Ministry of Health raised a red flag on the increased cases of violence against women and girls. Apparently, over 5,000 cases have been recorded since March. Many of the victims are girls below 18 years. Some of the cases involve girls raped by their fathers, brothers, cousins, uncles, and also strangers. Last year cases have mostly involved family members. However, people have different perceptions of rape and defilement.
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WHAT IS RAPE?
According to Act No. 7 of 2007, No 3 0f 2006, No 6 0f 2009, No 8 of 2010, No 12 of 2012; a person commits the offense if:
- He or she intentionally and unlawfully commits an act that causes penetration with his or her genital organs ;
- The other person does not consent to the penetration; or
- The consent is obtained by force, threats, or intimidation of any kind.
The word penetration means partial or complete insertion of the genital organs of a person into the genital organs of the other person. Another section talks of rape or the indecent act committed by a family member. According to section 20;
- Any male person who commits an indecent act or an act which causes penetration with a female person who is to his knowledge his sister, daughter, granddaughter, niece, mother, aunt, or even grandmother is guilty of an offense termed as incest. As a result, the person is liable to imprisonment of a term not less than ten years. Apparently, the same occurs for any female who commits the act.
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DIFFERENCE BETWEEN RAPE AND DEFILEMENT
Defilement is performing an unlawful sexual act on a person below 18 years old, while Rape is having sexual intercourse with a woman older than 18 years old, and without her consent.
Apparently, another term is Statutory rape. This refers to sex between an adult and a minor past the age of puberty. Various jurisdictions, use many different terms for the crimes. Some of them for instance are sexual assault, rape of a child, corruption of a minor, unlawful sex with a minor. In addition, the terms of child sexual abuse or child molestation may also be used.
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Defilement Case Gets Justice
At times people are imprisoned for crimes that they know nothing about. Some people even fall victims to false accusations. Mothers go to the extent of accusing their husbands of defiling their kids just because they have a disagreement. False evidence at times wins.
On 18th December 2020, Julius Wambua got his freedom. For the last eight years, he has been in Kamiti Maximum Prison on accusations of defiling his daughter. By then, Dorcas Mwende was a minor aged 16 years. She recently came out clean claiming that the accusations she laid on her father were false. Apparently, her mother coached her to give false evidence. This is because the couple had marital differences.
Father’s Defiling Children.
A number of men have fallen victims to this kind of incidences. At times it’s not by blood relations but rather by their side lovers. Many of them have faced jail sentences that they do not deserve.
On 17th November 2020, a father made the headlines. Apparently, the man defiled impregnated his 14-year old daughter and later made her have an abortion. The incident occurred in Baringo North and the girl says her father has allegedly defiled her countless times. He also warned her of dire consequences if she ever speaks out to anyone. According to the year, the dark ordeal started in March. She has been living with her father ever since her parents divorced. However, when the dad discovered her pregnancy, he brought her a pill that she swallowed and as a result, she lost the pregnancy.
Elsewhere in Nairobi County, a father defiled his four-day-old daughter and three-year-old son. The children’s mother was outside washing clothes when the heinous act happened. Apparently, the suspect was arrested at Nairobi Women’s Hospital after a nurse raised an alarm. The man allegedly escorted his wife to the hospital as she took the kids for treatment. The man denied committing the heinous act but one of the kids identified him as the perpetrator.