Purity was found six hours later and taken home where she was bathed and her wounds treated. The matter was reported to the police and after Purity’s friends identified Eric Mwangi, he was arrested and charged with defilement. However, the case did not progress to full hearing as crucial exhibits were misplaced by the police and in the meantime Purity had conceived as a result of the defilement.

Purity’s grandmother grew weary with the tedious Court process and decided to drop charges against Eric after he accepted to take parental responsibility for the child and after agreeing to pay Purity’s grandmother some compensation for costs incurred in the case.

Eric has since absconded after the charges were withdrawn against him and Purity’s grandmother has not received any money as agreed.

Had this case been instituted under the Sexual Offences Act, Purity’s grandmother would not have been able to drop the charges against Eric as this decision rests solely with the Attorney General by virtue of Section 40 of the Act. Similarly the police officer and prosecutor who were negligent in preserving the exhibits would be culpable by virtue of Section 37 which criminalizes interference with evidence relating to a commission of a crime.

As we all herald the passing of this Act as a milestone in Kenya’s legislative history we must realize that the Act itself cannot prevent incidences of sexual violence and protect survivors within the Court system especially if the general public is not aware of their rights under the Act and the obligation and duties imposed on the state therein. It is then incumbent on us all to ensure that every Kenyan is aware of this Act and is familiar as much as possible with the provisions therein because you and I might one day be in the same shoes as Purity or her grandmother.

• Rape and its definition – this now provides that men can also be raped- Section 3
• Sexual assault – Section 5
• Gang Rape- Section 10
• Minimum sentencing for all offences under the Act which effectively takes away a judges or magistrates discretion to sentence an offender to a sentence of example 1 day in prison
• Defilement and its various sentences according to the age of the child -Section 8
• Child sex tourism –Section 14
• Child prostitution – section 15
• Child pornography- section 16
• Trafficking for sexual exploitation- section 18
• Prostitution of persons with mental disabilities
• Sexual harassment –section 23
• Sexual offences relating to positions of trust or authority –section 24
• Deliberate transmission of HIV or other life threatening disease- section 26
• Cultural and religious offences-section 29
• Non disclosure of conviction of sexual offence-section 30
• Vulnerable witnesses-section 31
• Evidence of Character and previous sexual history –section 34
• Medical treatment orders-section 35
• Evidence of medical or forensic nature- section 36
• Keeping scene of crime secure- section 37
• Offence to make false allegations- section 38
• Supervision of dangerous sexual offenders-section 39
• Attorney general to decide whether police investigations should be discontinued- section 40
• Transitional provisions

(Source: Association of Media Women In Kenya (AMWIK)

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