With the onset of governments in different countries announcing lockdowns, curfews and regulations of when one can leave their home, there have been two looming and dangerous guests that are making themselves at home and are strongly taking over households in a way that has not been seen before. Domestic violence and sexual offences are the two looming guests, and the rate at which they are affecting families has caused international concern as several countries are reporting an escalation in the reports of the two. There is an urgency needed to address this situation as victims are in a position to experience extreme violence.
During this pandemic, it is more difficult for victims to get access to medical care or therapists as medical facilities around the world are becoming overloaded as they scramble to respond to the coronavirus. Domestic violence and sexual violence should concern everyone as they are human rights issues that affect one in three women and may cause physical injuries, suicide ideations, alcohol and drug abuse, eating and sleep disorders, poor self-esteem and post-traumatic stress disorder to the victims. It is an issue that affects everyone directly or indirectly and there is a need to protect the well-being and lives of those who experience domestic violence and sexual violence.
Violence against children
In the first week of April 2020, Justice David Maraga reported that of all the cases that had been reported within the two previous weeks, thirty-five percent were sexual offenses. The situation is further worsened as many courts are closed, and requests for restraining orders are indefinitely delayed.
End Violence Against Children has estimated that 1 in 2 children experience violence every year and every 7 minutes, a child dies as a result of violence. The global estimation of children currently is 2.2 billion and using the above statistics, it means that 1.1 billion children globally are at a high risk of experiencing violence. With government’s making directives to cease movement, the numbers may increase drastically with long term implications on children.
Take an example of the case of Juliet M, a sixteen-year-old who is currently in a safe house. It highlights the plight of those prone to sexual abuse in the midst of the COVID-19 pandemic. She was kidnapped and sexually assaulted by a man who reportedly said he did so because he needed a female companion to get through the government-imposed COVID-19 lockdown. This is against Section 5 (1) and (2) of the Sexual Offences Act which states that sexual assault is the unlawful penetration of one’s sexual organs using (i) any part of the body of another or that person or (ii) an object manipulated by another or that person or 5(2) where a person manipulates their body or another, so as to cause penetration. It is also against Section 11 of the Sexual Offences Act which expounds on indecent acts with a minor, in this case, Juliet M is sixteen years old and is considered a minor under Kenyan law.
Violence towards children can have the following effects. It can lead to death in cases of extreme violence, severe injuries because of physical fighting and assault, result in negative coping and health risk behaviours such as smoking, misuse of alcohol and drugs and engaging in high-risk sexual behaviour. They also have higher rates of anxiety, depression, other mental health problems and suicide. It can lead to unintended pregnancies, induced abortions, gynaecological problems, and sexually transmitted infections, including HIV. Children exposed to violence and other adversities are more likely to drop out of school and later, have difficulty finding and keeping a job. Violence against children can affect the next generation.
These effects have long-lasting implications on children, and it is important to protect children, educate them on domestic violence and sexual violence at an age appropriate pace and spread awareness. The education and awareness, however, should be mainly done to adults as they are normally the perpetrators. Combined efforts to protect children will raise a generation of people who will love themselves and others, respect others, be kind and understanding and aspire to ensure those around them are safe and well-protected from harm.
Violence against women
Ms. Charity Wairimu who was sexually assaulted by her husband in Tharaka Nithi narrates about the brutal incident from JM Memorial Hospital in Nyandarua.
Charity Wairimu, is a 23-year-old lady who lives in Tharaka South, Tharaka Nithi County in Kenya, and was sexually assaulted by her husband, in one of the few stories of domestic and sexual violence amid a pandemic that has come to light. In a horrific series of events, Charity’s husband attacked her by first inserting pepper, salt and onions in her private parts using a sharp knife, before applying superglue mixed with sand to ‘seal’ it up. This was not the first time Charity had been hurt by her husband as she said her husband had subjected both her and their son to pain many times and that she had wanted to leave him, but he always threatened her. This story highlights the abuse that women face in marriages and leaves one wondering why they may stay in an abusive environment.
Women may stay in abusive marriages for the sake of their children being brought up by both parents, financial constraints where the husband may be the only one working and fear and shame from their family and friends for leaving their marriage. This should not be the case however, as women should be empowered to leave abusive marriages. A woman’s family and friends should be able to cushion the woman and support her decision as they have been educated and made aware of the effects of domestic violence and sexual violence.
What can Kenya do to protect victims amid this pandemic?
In the new wave of domestic violence and sexual offenses sweeping over nations, the Government of France is paying for hotels and other accommodations as shelters exceed capacity, the state of New South Wales in Australia has made it easier for victims to receive an immediate police protection order against their abuser and The Asian Network of Women’s Shelters, based in Taipei, is offering webinars on preparing and protecting oneself against domestic violence during the COVID-19 pandemic.
Kenya can learn a thing or two from other countries but needs to tweak these solutions to be suitable for its people’s needs such as in the slums where a majority do not have access to technology such as televisions and laptops and courts are not in physical session. Probable solutions can be the use of radios, which is used by many Kenyans, to spread awareness on domestic violence and sexual offences as well as using telecommunication providers to send mass messages to the public to sensitize and provide information that would help victims. Kenya can set up a domestic violence and sexual offences fund to emulate France’s government which is paying for safe houses and alternative accommodations for those who flee their abusers.
The looming and unwelcomed guests can only stay away from our homes and lives if we all decide to take the initiative to kick them out for good. I am ready to do so, are you?
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Sheila Amunga
Human Rights Unit
Strathmore Law Clinic
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