Civil Society organizations (CSO’s) are advocating for stringent measures in the proposed amendments to laws and regulations of the existing Sexual Offence Act to address emerging issues saying that the current legislative framework fails to address certain contemporary problems which has contributed to non-reporting, poor investigation by police, inadmissibility of forensic evidence owing to lack of medical know-how by health professionals among other problems.
In a consultative meeting convened by The Cradle (Children Foundation) and Center for reproductive rights stakeholders and members of the parliament delved into critical amendments to the Sexual Offence Act. Led by Shantal Onyango as the chairperson, discussions highlighted pressing issues and proposed solutions to combat sexual harassment and abuse.
According to the CSO’s the Cradle (Children Foundation) and Center for reproductive rights, young people are at the highest risk of sexual violence owing to their intrinsic vulnerabilities, however, present legislation does not address contemporary methods of sexual abuse including image based sexual violence.
“Children are especially vulnerable with respect to access to the justice system as their access to that right is contingent upon the actions of those entrusted with their care, they said adding that “The continuing proliferation of child sexual abuse is partially due to the actions of chiefs, parents and guardians who fail to report the offence to relevant authorities or accept payment or other compensation by the perpetrator after the sexual violation of a child.”
The CSOs propose that the new bill should outlaw traditional dispute resolution mechanism saying that many victims have registered claims that elders sit down to quietly work out settlements that bypasses the courts.
“For example, a rape victim’s family might be paid in cash and livestock so they do not prosecute the rapist. This ultimately contributes to reoffending.”
The say that the restriction to access the sex offender’s registry contributes to repeat offending within institutions hosting vulnerable persons adding that the government will be mandated to create background checks by employers in schools and other institutions.
Other issues addressed within the Bill are the establishment of government safe houses for victims of sexual violence and sexual relationships between children.
The Bill proposes that Romeo and Julliet cases or child sexual relationships should be decriminalized and that children falling under this category should be diverted from the court process.
Speaking with the media at the consultative forum,nominated Senator Gloria Orwoba said that new technology is heightening the threats of sexual exploitation and abuse with the situation compounded because existing legal frameworks have not kept pace and therefore need for amendments to update on emerging issues.
“Technological advancements and the internet have made it much easier to locate, groom, and sexually exploit women and girls,” Senator Orwoba said adding that through the use of digital technologies perpetrators always conduct online grooming, live-streaming of sexual abuse, distributing child sexual abuse material, and engaging in online sexual coercion and extortion, sex trafficking, and image-based sexual abuse.
She further explained that online technologies help to increase the accessibility of potential victims such as, before a sexually violent act, social networking in particular can provide a false sense of connection between offender and victim. For example, the act of ‘friending’ enhances the feeling of ‘trust’.
During the act of sexual violence, technologies can be used to record both consensual and non-consensual sexual activity and threats to distribute this material can be used to further coerce and victimize.
After an act of either consensual or non-consensual sexual activity, offenders can distribute images to cause further harm to victims. Technologies can also be used post-assault to contact, threaten or abuse victims.
Lastly, the bill proposes to look at sexual violence within the country’s public transport systems needs stating that numerous reports of women and girls being sexually assaulted or harassed while accessing public transport services have been reported.
