My friend was sexually violated and didn't know how to report it

Dear Vivian,

I recently had a distressing conversation with a fellow university student who was sexually violated but didn’t know how to report it or what steps to take. She was afraid of being blamed, and was unsure about preserving evidence. I realised that many survivors, especially young women, might face the same confusion and fear. Please advise on appropriate steps of reporting a rape case?

Amina Rajab,

Mandera County.

Dear Amina,

Sexual violence remains a grave violation of human rights, and many survivors, particularly young women, often struggle with fear, stigma, and uncertainty about the reporting process. It is crucial to understand the steps involved in reporting a rape case to ensure survivors access justice and the necessary support.

If someone experiences sexual violence, the first priority is ensuring their safety. If they are in immediate danger, they should seek a secure location and contact a trusted friend, relative, or support organization. Kenya has a 24-hour gender-based violence (GBV) hotline, 1195, which can provide guidance.

Many survivors make the mistake of showering or changing clothes immediately after an assault, but it is important to preserve evidence. Clothing should be kept in a non-sweaty bag. Survivors should also avoid washing or discarding any items that might contain forensic evidence.

OB number

The next step is reporting the incident at the nearest police station, preferably at a Gender Desk where officers are trained to handle such cases sensitively. When reporting, the survivor’s statement must be recorded in the Occurrence Book (OB), and they should be issued an OB number for follow-up.

The police are required to issue a P3 Form, a critical document for medical assessment and legal proceedings. Additionally, hospitals provide a Post-Rape Care (PRC) Form, which is essential in documenting injuries and medical findings.

Seeking immediate medical attention is vital, not only for forensic examination but also for health concerns such as HIV prevention and emergency contraception. Government hospitals and registered healthcare facilities can conduct a forensic examination, collect DNA samples, and provide Post-Exposure Prophylaxis (PEP) to prevent HIV infection. The medical report plays a crucial role in supporting the survivor’s case in court.

Raising awareness

Once a case is reported, it is important to follow up on investigations to ensure justice is pursued. The Office of the Director of Public Prosecutions (ODPP) is responsible for prosecuting cases of sexual violence, and survivors have the right to legal recourse if investigations are delayed. Courts have reinforced the duty of authorities to protect victims, with past rulings emphasizing the importance of survivor-centred justice.

Many survivors fear speaking out due to stigma or fear of not being believed. However, the law protects them, and justice is possible. Encouraging survivors to report, seek medical care, and access legal and psychosocial support is critical in ensuring their rights are upheld.

Concerned students like yourself can play an essential role in raising awareness and creating a supportive environment where survivors feel safe to come forward. Survivors are not alone as there are systems in place to support them every step of the way.

Vivian.

The writer is an Advocate of the High Court of Kenya and award-winning Civil Society lawyer. [email protected]