Sexual Offense Laws in Kenya. Legal Framework and the Role of Consent

Term Paper , 2018 , 19 Pages

Law - Criminal process, Criminology, Law Enforcement

This research examines the legal framework for governing sexual consent and accessing whether it has been successful or not. This research will also propose reforms on the legal framework governing sexual consent for the strengthening of laws on sexual offenses in Kenya.

Sexual offenses remain a major challenge that Kenya is facing today. Sexual offenses have adverse effects of derailing not only ones legal, social and economic development but also that of the country as a whole. There is a high prevalence of gender‐based violence in Kenya. Sexual violence takes many forms, including rape, sexual assault, defilement, incest, and many others. This type of violence is a reflection of gender inequality in a society where mostly men exercise power over women and girls. The Sexual Offenses Act, 2006 was passed in order to deal with the problem of sexual violence since sexual offenses were previously governed by the Penal Code.

TABLE OF CONTENTS

LIST OF CASES

1. INTRODUCTION

2. LEGAL FRAMEWORK GOVERNING SEXUAL CONSENT IN KENYA
2.1 The Sexual Offences Act
2.1.1 Definition of Consent in the Sexual Offences Act
2.2 International Instruments

3. THE ROLE OF CONSENT IN SEXUAL OFFENCES CASES
3.1 The Offence of Defilement
3.1.1 The Role of Consent in Defilement Cases
3.2 The Offence of Rape
3.2.1 The Role of Consent in Rape Cases
3.3 The Offence of Incest
3.3.1 The Role of Consent in Incest Cases
3.4 The Offence of Sexual Assault
3.4.1 The Role of Consent in Sexual Assault Cases

4. COMPARATIVE STUDY ON EMERGING ISSUES ON CONSENT IN SEXUAL OFFENCES CASES
4.1 Issues arising on consent in sexual offences cases
4.1.1 When can one withdraw consent?
4.1.2 Proof of withdrawn consent
4.1.3 Marital Rape
4.1.4 Consent in Defilement cases
4.1.4.1 Defilement case involving a Minor and an Adult
4.1.4.2 Defilement case involving a Minor and a Minor

5. CONCLUSION AND RECOMMENDATIONS
5.1 Conclusion
5.2 Recommendations

BIBLIOGRAPHY

• College: Moi University
• Author: Michael Mutinda (Author)
• Publication Year: 2018
• Pages: 19
• Catalog Number: V594615
• ISBN (eBook): 9783346227058
• ISBN (Book): 9783346227065
• Language: English
• Tags: sexual, offense, laws, kenya, legal, framework, role, consent