What is the proper legal channel for sexual abuse victims?

Dear Vivian,

I work as a human rights defender in Hola town. I have been concerned about the rising cases of rape within the area. I am not a trained gender-based violence expert; however, a lot of victims look for me immediately after their rape ordeals. Please, guide me on how rape cases need to be reported and the appropriate legal channels.

Selina Madafu,
Tana River County

Dear Selina,

I commend the work you do keeping in mind that human right defenders play a critical role in the protection of human rights in democratic societies. It is important in sexual violence cases that the victims know how to protect evidence after their ordeal. The importance of this protection is based on presentation of evidence in the courts for purposes of prosecution.

First, victims should never shower soon after a defilement or rape ordeal. They should immediately visit a medical facility where a doctor will examine and write a conclusive medical report on vaginal bruises, tears and presence of semen to form part of the prosecution evidence. Emergency contraceptive pills can also be given, especially if the incident is reported within 72 hours.

It is important you accompany the victim to report the incident to the police at least within 24 hours. This support is needed because most survivors of sexual violence do not report these cases either to the police or at healthcare facilities because of stigma and lack of support.

The victim will be required to write a statement with the police that will be recorded in the Occurrence Book (OB). A P3 form is then issued and filled. Survivors are also required to make a statement concerning the violation that occurred. The police then undertake their investigation and forward the file to the Office of the Director of Public Prosecutions.

There are also instances where survivors' families and perpetrators seek to settle matters out of court, with families opting to receive some form of monetary “compensation” for the violation that their survivor family member experienced. Notably, mediation and other out-of-court settlement strategies are not applicable to sexual violence cases.

Once the matter is in court, the victim will need the support of an advocate, who will play the role of a watching brief in the case. The main purpose of a watching brief is to help protect the rights and interests of victims of a crime.

The purpose is not to ensure that a conviction takes place but rather guarantee that the criminal process is conducted well to bring about just outcomes. Therefore, identify community-based organisations or human rights organisations in your locality that support victims with pro bono lawyers in sexual violence cases.

Vivian

The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).