Help! A 16-year-old boy recently attempted to abuse my six-year-old daughter sexually during an accident
A young girl. Children's involvement in criminal cases must be handled sensitively, as their welfare remains central throughout the process.
What you need to know:
- In cases involving child offenders, Kenya’s justice system prioritises correction over punishment. This article breaks down how the Children’s Court works, the age of criminal responsibility, and how victims’ families can ensure justice while supporting healing and rehabilitation.
- It further outlines the steps to report, gather evidence, and pursue justice—emphasising the importance of medical reports, legal follow-up, and psychological support.
Dear Vivian,
My six-year-old daughter was recently involved in an incident with a 16-year-old boy, who attempted to sexually abuse her. I am devastated and unsure where to begin. How should I handle this and get justice for my daughter, and how do the courts deal with such cases involving minors?
Leah Wahome,
Kibiko
Dear Leah,
You should start by reporting the matter to the nearest police station. Go directly to the gender desk, where officers trained to handle sexual and child-protection cases will assist you. Give a detailed statement and ensure your daughter is taken for a medical examination immediately. The medical report and your statement will form the core evidence in the investigation.
The next step is to reach out to an advocate or institution that advocates children’s rights. Although criminal matters are prosecuted by the State, their involvement ensures the case is handled sensitively, and your child’s welfare remains central throughout the process.
Once investigations are complete, the police will forward the file to the Office of the Director of Public Prosecutions (ODPP). The ODPP will then review the evidence to determine whether there is a basis to charge the boy. Since both are minors, the case will be heard before the Children’s Court, which follows a rehabilitative rather than punitive approach.
At this stage, the age of criminal responsibility becomes important. Under Section 14 of the Penal Code, a child under eight years old cannot be held criminally responsible for any act. However, a child between eight and 12 years may only be held liable if it can be proved that they understood their act was wrong. Since the boy in your case is 16, he is considered capable of forming criminal intent and can, therefore, be charged, though still treated as a child under the law.
If the court finds the boy criminally responsible, the Children Act outlines several options for handling children in conflict with the law. Instead of imprisonment, the court may place him on probation, commit him to a rehabilitation school, or order community service. Under the Penal Code, the court may also issue a conditional discharge, allowing him to be supervised and counselled while focusing on rehabilitation rather than punishment.
While such measures may appear lenient, the law prioritises correction over condemnation when dealing with minors. You should remain engaged and follow up with investigators, keep close contact with the advocate watching brief, and ensure your daughter receives continued emotional and psychological support.
It is important to note that justice, in this context, is not only about conviction. It is about helping your child heal, ensuring accountability, and building a society where children are both protected and corrected when they go astray. The justice system is keen on ensuring children in conflict with the law are detained as a last resort and for the shortest period of time, separate from adults and in conditions that take into account the child’s sex and age.
Vivian
The author is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
