Defilement: Human Sexual Behavior and Child

KENYATTA UNIVERSITY BACCALAUREUS LEGUM LLB LPR 205 JUDICIAL ATTACHMENT REPORT PRESENTED IN boundary OF PART OF THE COURSE REQUIREMENTS TITLE OF REPORT tutor churl institute MUTITU EVELYNE . W. STUDENT REGISTRATION No L95S/7061/2009 WORD COUNT 4480 &8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212- DATE OF SUBMITTING REPORT &8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212- THURSDAY, twenty-ninth SEPTEMBER 2011 &8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212- &8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212-I am aw atomic number 18 of academic rules on piracy and farming that the work c e precisewhereed by this issueress is my own and does non contain whatever unacknowledged work from other sources. &8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212- PRINT NAME MUTITU EVELYNE . W. &8212&8212&8212&8212&8212&8212&8212&821 2&8212&8212&8212&8212&8212&8212&8212&8212- SIGNATURE &8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212&8212- TABLE OF CONTENTS 1. 0 ABSTACT 1. 1 Objectives 1. 2 order 2. 0 INTRODUCTION 3. 0 BODY 3. 1 Definition of befoulwork forcet 3. 2 Background of befoul ment in Kenya 3. 3 Statistics on contamination in Kenya 3. 4 Perpetrators of pollution in Kenya. 3. Age of pollution victims in Kenya 3. 6 Possible comments as to why defilement is on the resurrect 3. 6. 1 G revokeer in checkity and patriarchal nonions 3. 6. 2 Cultural pr proceedingises 3. 6. 3 Poverty 3. 6. 4 Cultural and well-disposed stereotypes 3. 6. 5 Failed institutions 3. 7 justnesss establishment the prosecution of cozy per micturate-and- condensenel against nestlingren 3. 7. 1 The constitution 3. 7. 2 awakenual offences act, 2006 3. 7. 3 The pip-squeakrens act 3. 7. 4 The criminal procedure decree 3. 7. 5 The employment act 3. 8 Ch every(prenominal)enges for seeking redress in in orchisly assaulted s hirerren 3. 8. 1 Slow judicial system . 8. 2 P3 and mainland China rebound 3. 8. 3 Poor investigation and prosecution 3. 8. 4 contrary medical fields 3. 8. 5 Cultural and social grime in reporting cases 3. 8. 6 Ignorance of the public 3. 8. 7 Gender desks 4. 0 CONCLUSION 4. 1 Possible avenues of dealing with defilement 4. 1. 1 Applying the equality provisions in the new constitution 4. 1. 2 Civic education 4. 1. 3 mature technology in collecting evidence 4. 1. 4 Legislation to reserve cultural applications encouraging defilement 4. 1. 5 Special desks in law of nature stations for intimately assaulted victims 4. . 6 Homes for abused tikeren 4. 1. 7 The sexual offences act 4. 2 In summery 4. 3 Acknowledgement 4. 4 recommendation 5. 0 References 5. 1 Statutes 5. 2 other sources befoulment MENACES A familiar GUEST IN THE CORRIDORS OF JUSTICE 1. 0 ABSTRACT 1. 1 heading The objective of this research was to find disclose why the number of defile ment cases is increasing daily yet close of the other crimes ar decreasing. It is overly meant to find bring bring out if the judiciary is doing enough to curb this social hatred and if has play any role in its rise. 1. 2 METHODI spent 2 months at Limuru law coquette and I listened to many defilement trials. I held several discussions with the Magistrate and squirtren officers and consulted numerous researches d angiotensin converting enzyme on the same. 2. 0 INTRODUCTION Under the SEXUAL OFFENCES ACT (2006) a mortal who defiles a tike remote el level(p) up course of studys or below shall upon faith be sentenced to imprisonment for life if the small fry is geezerhoodd amidst 12 and 15 years, the term of imprisonment shall not less(prenominal) than 20years and if the electric shaver is amongst 16-18 years former(a), the defiler faces a term of no less than 15 years behind bars.These ar penalties that matchless would hope would s take the marbles out of any b oth(prenominal)body who is at least of reasonably sound recording mind from conceiving the slightest idea of defiling a minor in Kenya, but sound judgement from the rampant cases of defilement this is not so. The make-up of the society is that a parent gives birth to a pip-squeak and natures it, t severallying it to grow into a answerable human world. The teacher then takes up the responsibleness of nurturing when the child is slightly four years of age impacting knowledge on the child.The church impacts chaste values on the child and the rest of the society moulds this child in preparation for greater responsibilities in the afterlife. A child is a undefendable member of society as they can barely survive on their own. The society is orderd with the responsibility of treasureing the child but it has abandoned that responsibility and even those closest to these children are hurting them. About one in ein truth five describe crimes around Limuru area was a sexual offe nce and much or less of them cosmos defilement cases.This disturbing practise has not scarce affected the girl child but even the son child is no longer safe. The shocking revelation is that half of the defilement cases are by a relative followed by Close family friends, teachers and precise(prenominal) few cook strangers involved. to the highest head of the children are defiled at their homes, at a relatives house, on their government agency to school or to the shop. The home which was a safe heaven for e very(prenominal) child is no longer safe and nevery are the schools where these children spend the better deduct of their day.Several questions linger in the mind as one tries to visualise out why Kenyan society has bidlyly turned this agency. Was this hatred ever-present but safe not reported in the way it is today? Is it a sad reality recently revealed, or a growing new(a) menace? Does it derive from ignorance, perversity, or just unembellished evil? Are these the tell-tale signs of the last days as described in the Book of Revelations as many would take on it, or are they just illustrations of a decaying society? And how do we stop this abomination?One does not have to be a devout Christian to hope a millstone give be cast about the neck of each and every perpetrator before they are thrown into the water. Neither does one have to be a reactionary to believe that the development of our modern society has had a role to play. Either way, this appalling issue has to be urgently addressed. 3. 0 BODY 3. 1 DEFINATION OF DEFILMENT Oxford dictionary to damage the morality or the appearance of roughthing. Sexual Offences Act S. 8 a person who commits an act which causes penetration with a child. . 2 BACKGROUND OF SEXUAL craze IN KENYA The African man has ever so been viewed as superior to the charrhood. some of the African cultures exhibit the man as a superior being who should be obeyed without question. On the other hand the woman is createed as a unassertive creature availed for the pleasure of men. This is aptly demonstrated in most of the Kenyan cultures. For example, the kikuyu culture calls the man mundu murume the word murume is derived from the word urume which office extremely courageous.In contrast, the woman is known as mutumia which is derived from the word tumia which representation use. This is a major reason why the kikuyu man not only considers himself as the dominant sex but too sees a woman simply as a vessel for his use (Kariuki 2004). Most cultures portray the girl child as an investment and usually when her time to take aim married comes what matters is the bride price they will receive. Often when a girl is acquiring married her parents will advise her to obey her husband and take care of him lest he will demand back the bride price (Davison 1989).The boy child on the other hand is brought up being taught that it is weakness for a man to succumb to emotion as it makes you like a woman . And as most men age, they learn to cancel out or recall erotic sensations that are not specifically linked to what they think a real man is to feel (Stoltenberg 198933). The boys are raised up nurture that a man gives instructions that should be followed without question and even match of Kenyan communities have encouraged chastising of women. Being a man is calculated through forcefulness and sex capability.So, when masculinity is associated with aggression and sex seduction ,domineering sexual behavior and violence become not only a agent of structuring magnate relations between men and women , but withal a way of establishing power relations among men (Heise 1995). In Kenya, it reaches its most extreme expression possibly among the Gusii, for which LeVine (1959) wrote that all sexual intercourse was played as rape with women even in marriage expected to bear 3. 3 STATISTICS ON defilement IN KENYA * In 1991- in a mixed boys school, boys invaded girls dormitory and rape d 70 girls leading to 19 deaths. 2 May 1992, 15 girls were raped at Hawinga Girls, Nyanza province. * A joint report by TSC and a non-profitable organization revealed that 12660 students were sexually abused by their potent teachers from 2003-2007. break through of all these only 633 teachers were charged with sexual abuse. * In 2010 more than than degree Celsius0 teachers were fired for sexually abusing girls. * In a standard theme article published on 09/02/2010 there was a story of a teacher who defiled a deaf girl getting her pregnant. * In 2004, 140 cases of students being defiled by teachers were reported, in 2008, 100 cases were reported and in 2009, 122 cases were reported. Out of every 100 rape cases handled by police, child remediates groups, and selected hospitals, 40 were committed by haves according to the study conducted by the house of Justice * Police statistics showed that rape and defilement were the most prevalent crimes in 2010 even as other offences redu ced by 5%. * Out of 57826 crimes reported in 2010, 785 were rapes and 2660 were defilements. In 2009 729 were rapes and 2242 were defilements. * A report given by the media in 2005 showed the following results MONTH RAPE DEFILEMENT July 33 51 revered 10 22September 3 28 October 0 15 November 7 18 declination 6 27 full 59 161 * 42 cases of sodomy were interchangeablely reported between July and December of 2005. 3. 4 PERPETRATORS Several researches have shown that fathers are the greatest perpetrators out of 100 reported cases 40 are by fathers. Other family members, neighbors, teachers and gangs are withal topping the list. A research typography titled, A media coverage on sexual violence and its implication on educational leadership carried out by J. wanjiku Khamasi &038 Wanjiru Muita showed the following results.OFFENDER PROFILE BY NUMBER OF INCIDENCES describe In R v MICHINO NJOROGE, LIMURU SPM, CR 69 OF 2011, 08/06/2011. The charge person was a first cousin to the vict im. In R v GODFREY MUGENDI NYAGAH. LIMURU SPM, CR 926 0F 2011, 27/06/2011, the impeach was a neighbour. In R v JOHN NJIHIA KAHURO. LIMURU SPM, CR 256 OF 2010, 30/06/2011, the accused was a cousin to the victim and he even impregnated her forcing her to procure an abortion as she had a heart problem which couldnt allow her to carry the motherhood at her age. In R v MOSES WAFULA.LIMURU SPM CR 451 OF 2011,28/07/2011 The accused was a father to the victim. These are just a few examples of the many defilement cases in Limuru carried out by either a family member or a neighbour. 3. 5 AGE OF DEFILEMENT VICTIMS Defilers are going for younger girls every single day. In Limuru the victims were aged between 9 to 15 years. In R v ANTHONY NJIHIA WANGARI. LIMURU SPM CR 401 OF 2011 29/06/2011. The victim was a 9year old girl. In R v CHARLES KIEMO LIMURU SPM CR 1130 OF 2010, 18/07/2011. The victims were boys aged 12 and 14 years.In R v MOSES WAFULA. LIMURU SPM CR 451 OF 2011. 28/07/2011, the vict im was a 10 year old girl. Researches have shown that even one month old babies are being defiled. ( J. wanjiku Khamasi &038 Wanjiru Muita) in a research paper titled violence against women by Winnie . v. mitulla show that in 1996, 9 children of age 2 4 12 of age 5 7 10 of age 8 10 8 of age 11 13 and 6 of age 14 were defiled whereas in 1995, 7 children of age 2 4 13 of age 5 7 22 of age 8 10 7 of 11 13 and 10 of 14 16 were defiled. hese may not be the exact numbers but they paint a vague picture of how children are becomeing in the work force of defilers. 3. 6 POSSIBLE EXPLANATIONS OF WHY DEFILEMENT IS ON THE RISE 3. 6. 1 GENDER INEQUALITY AND PATRIACAL NOTIONS The Kenyan society has been natured in a way suggesting that the man is superior maculation the woman is inferior and is meant to be submissive to the man. As a result most women lack the ability to cheer their children from their abusive husbands. rough even leave their matrimonial homes due to the degree of su ffering inflicted by their husbands leaving behind their children.I was reading a blog ion the internet where a girl narrates her ordeal afterwards her bring forth left due to constant beating by her father. As the prototypic born she assumed her mothers duties which included having sex with her father who forced her to share a bed with him. In R v MOSES WAFULA, LIMURU SPM CR 451 OF 2011, 28TH JULY 2011. The accused person actually threatened to extinguish the victim, who was his daughter, and her mother if he was sent to jail. The mother to the accused was quoted saying that his son was the man of the house and his wife had no right to question his actions 3. 6. ethnic PRACTISES Some of the cultural practises in Kenya have done more deterioration than good to the Kenyan child. An example is the Samburu community which practises a cultural practise known as beading. They rid this practise claiming it prevents promiscuity when instead it encourages incest. beadwork means tha t a girl as young as 9 years old is engaged to a relative sometimes as old as her grandfather by use of traditional attires popularly referred to as beads. During the engagement, the admirer places a supererogatory necklace around the girls neck to have in mind he has officially booked the young one.He follows this by manner of speaking beads in large quantities which are similarly put in girls neck as a sign of official commencement of refer relationship though it does not lead to marriage as the two are related. The couple is allowed to have sexual intercourse but pregnancy is highly forbidden. Incas it does happen, it has to be terminated immediately despite the high risks involved. earliest marriage which has been a widely practised culture is also defilement in its own sense because girls as young as 5years are forcefully married to older men.In a research paper authorize gender, sexuality, and HIV a girl from Amhara Ethiopia is quoted saying that, she hates early marri ages as she was married off at five years and first had sex at 9 years. She says that her in-laws forced her to sleep with her husband who made her suffer all night and after that night whenever day became night she was stressed that she would go through the same ordeal. In R v MOSES WAFULA, LIMURU SPM CR 451 OF 2011, 28TH JULY 2011. The victim while giving her evidence tried to pack her statement that her father had defiled her.On realising this, the prosecutor in random variableed the magistrate and when they carried out an inquiry it came to their attention that the victim and the mother had been threatened by the accuseds mother. When we were in chambers the magistrate told us that in some custom fathers have sexual intercourse with their daughters as a way of appreciating themselves for breeding them up. It sounds so absurd but its actually happening. 3. 6. 3 poorness Poverty in Kenya has become a reason for every social evil. Children have to look for casual work in order to hang their parents in meeting basic pick outs.Incidences where a student was defiled while cleaning or fetching water for their teachers are very common. digression from that some children are defiled and their defilers offer compensation to their parents who quickly take their gold focusing on their sparing problems. In R v JOHN NJIHIA KAHURO, LIMURU SPM CR 256 OF 2010, 30/06/2011. The accused was the victims cousin and he actually impregnated her. The father of the accused offered to compensate but as luck would have it the victims mother in this case refused to accept it. all the same very many defilement cases go unreported as parents favour to take the money leaving this social evil unpunished. Powerful men in the society also defile young girls and go unpunished as they are able to bribe the police and magistrates earning their muster outdom. This encourages people with power and money to take advantage of children as they know they can easy get away(predicate) wit h it. 3. 6. 4 CULTURAL&038 SOCIAL STEREOTYPES According to the bag Oxford Dictionary, a stereotype is a person or thing seeming to conform to a heavily accepted type.Sex-role stereotypes have also been defined as the rigidly held and oversimplified beliefs that MALES &038 FEMALES possess distinct (and similar) psychological traits and characteristics. Traditionally, the distaff stereotypic role is to marry and have children. She is also to put her familys benefit before her own be loving, compassionate, caring, nurturing, and sympathetic and find time to be sexy and feel beautiful. The male stereotypic role is to be the pecuniary provider. He is also to be assertive, competitive, independent, courageous, and career-focused hold his emotions in check and always initiate sex.Owing to the expectation that men should be breadwinners in the family, men turn to aggression in an attempt to suppress their status and endure dominating their wives or their close female relations when the y perceive an economic rise by them. This means that the woman remains dependant on the man and condones his violent acts. This affects the children as they have no one to protect them as their mothers are week. Most of these girls believe they should be submissive and end up not even telling anyone their ordeal.Which is why some cases will go undiscovered unless the girl gets pregnant or contracts a disease. The woman is meant to keep herself for her husband and society views a lady who is not a virgin as lose. The value attached to female chastity is so high that even where a woman is a survivor of sexual abuse, the typical community response is to isolate and stigmatise her. The shame and stigma attached to sexual violence, and the lenient penalties meted out on offenders in formal and traditional judicial systems, silences survivors. 3. 6. 5 FAILED INSTITUTIONSThe collapse of the rule of law in conflict situations encourages sexual crimes on a massive scale. The difference betwe en the protector and the perpetrator is not clear anymore. The perpetrators and perpetuators of sexual violence in conflict and non-conflict settings are categorised into three groups. First the discip wrinkled forces e. g. the police, force et. al. secondly family members and the community and thirdly the structures and institutions of protection (the government and its organs, UN, AU, and other add-on organisations).It is frequently difficult to tackle impunity for sexual crimes committed during conflict because perpetrators and perpetuators often take up powerful positions in post-conflict governments. This gives them an avenue to intimidate their victims. The UN and similar institutions refuse to take responsibility for these crimes. Their correction policy often entails promotion offenders together with reports on them to their respective countries judicial systems. This practise takes away any hope of arbitrator for the survivors.This is very evident in Kenya as very many children were defiled during the 2007-2008 post-election violence and 4 years down the line no justice has been granted. We are only hoping that the ICC can give the survivors some peace of mind but we all know that, that is still miles away from happening. 3. 7 LAWS GOVERNING THE PROSECUTION OF SEXUAL VIOLENCE AGAINST CHILDREN 3. 7. 1 The theme of Kenya the bill of rights S. 53(1) (d) states that every child has a right to be defend from abuse, neglect, harmful cultural Practises, all forms of violence, inhuman treatment and punishment and precarious or exploitive labour. . 7. 2 Sexual Offences Act, 2006 defilement of a child * Aged 11 years or less- life imprisonment. * Aged between 12-15 years- not less than 20years. * Aged between 16- 18 years- not less than 15 years 3. 7. 3 The Childrens Act, 2001 S. 13(1) provides that a child is entitled to protection from physical and psychological abuse, neglect and any other form of exploitation including sale, trafficking or abduction by any person. 3. 7. 4 The Criminal effect Code, cap 75 of the laws of Kenya S. 186 3. 7. 5 The Employment Act, 2007 S. 6 3. CHALLENGES FOR SEEKING compensate IN SEXUALLY ASSAULTED CHILDREN 3. 8. 1 SLOW JUDICIAL SYSTEM It becomes very frustrating for the complainant, the children, and those filing the suit on behalf of the children when a matter takes over two years to be resolved. The prosecution tends to seek endless adjournments for unhomogeneous reasons to wit, lack of police file, witness not being in court, absence of the doctor or the investigating officer amongst other things. Courts are supposed to be liberators but instead they have become instruments of subjugation. 3. 8. 2 P3 AND mainland China FORMDefilement victims are required to fill a P3 form after being examined at a government hospital except the P3 form is not detailed and is inadequate to fill. The PRC form was introduced during the subject reproductive health strategy 2009-2012 it was meant to replace t he P3 form but some doctors have said its too detailed and it feels like a research tool, whereas the P3 Form is very basic as it catches the physical state and any injuries to the genitalia, with special reference to the labia majora, labia minora, vagina, cervix and also notes presence of boot out or venereal diseases.The P3 form is supposed to be given free of charge but in some hospitals in rural areas it is interchange at ksh. 1500 which they say is the doctors fee to go and essay in court and this makes some people prefer to spend that money on other basic needs rather than on a document. 3. 8. 3 POOR INVESTIGATIONS AND PROSECUTIONS Police prosecutors have little knowledge on the essentials of evidence. This makes their prosecution very poor and the experienced advocates have a very easy time defeating the prosecution case. The police also tend to stumble exhibits and there are endless incidences of missing police files.There is also a lot of corruption within the police c ircles especially if the accused person is influential or one of them. 3. 8. 4 CONFLICTING checkup REPORTS When the victim is defiled they go hospital for first aid, they are then sent to a government hospital for the P3 form to be filled. In most cases the doctor who treat the victim and the one who fills the P3 form give conflicting reports putting reasonable doubt in the prosecution case. 3. 8. 5 CULTURAL AND SOCIAL STIGMA IN REPORTING CASES In most Kenyan cultures topics on sex are still discussed in soft tones.The importance of a girl being married as a virgin is still over emphasized. This means that a defiled child is unclean and is hence stigmatised. In some cases the child is even blamed. Some parents silence their children as they believe if people know no one will want to marry them and if anyone does the bride price will be very little. This makes most people opt for other methods of conflict resolution. 3. 8. 6 IGNORANCE OF THE exoteric Despite the many awareness pro grams and campaigns carried out most Kenyans still have no idea of what they should do in the case of sexual violence.Most will not go to hospital as they do not know about the 72 hours policy. Others will clean the defiled child and the clothes they were wearing hence destroying evidence, making the police reluctant to lease due to lack of physical evidence. 3. 8. 7 GENDER DESKS Police have no skills on how to handle cases of sexual abuse. There are negligible resources to equip and train police officers on how to effectively manage gender desks. 4. 0 CONCLUSION 4. 1 POSSIBLE AVENUES OF DEALING WITH DEFILEMENT 4. 1. 1 APPLYING THE EQUALITY PROVISIONS IN THE NEW CONSTITUTION S. 9 entitles everyone to the right of freedom and security. Which includes the right not to be subjected to any form of violence from either public or private sources. S. 53 Every child has a right to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and pu nishment, and hazardous or exploitative labour S. 27 states that everyone is equal before the law and have a right to equal protection and equal benefits under the law. These provisions emphasize that a child is as important as every other person and should be protected.If we emphasize these provisions then we will all take it upon ourselves to protect children from this inhuman practise. Each one of us will know we have a responsibility to protect the child. 4. 1. 2 CIVIL EDUCATION We need to educate Kenyans that defilement is not the victims fault and that exigency measures need to be taken in the case of a child being defiled. they need to understand that it is in the best interest of the child to be taken to a hospital within the first 72 hours as it makes it possible to prevent some sexually transmitted infections.It also see to its that there is unquestionable evidence making prosecution easier. 4. 1. 3 modernistic TECHNOLOGY IN COLLECTING EVIDENCE It may be defined that a child was defiled but at times it becomes tall(prenominal) to connect the accused person to that crime. Measures like DNA need to be incorporated in collecting evidence in defilement cases. This is to ensure that the defence has very little avenues to create doubt as the event of proof in criminal cases is very high. It will also add weight to the P3 form evidence. 4. 1. LEGISLATION TO CURB CULTURAL PRACTISES ENCOURAGING DEFILEMENT As earlier stated in this paper some of our cultures are the reason why we are still struggling with defilement in Kenya. Its about time parliament enacted laws that curb practises that infringe the rights of children exposing them to sexual violence and exploitation. The government has a responsibility to protect its citizens and children are power of that responsibility. Severe punishments should be set for parents who marry off their young daughters, those carrying out FGM, those practising things like beading among others.We are our culture howev er that does not justify inhuman practises that ruin tomorrows generation. 4. 1. 5 SPECIAL DESKS IN POLICE STATIONS FOR SEXUALLY ASSAULTED VICTIMS The government needs to train some officers to specifically deal with sexual assaulted victims. There should be a special desk for sexually assaulted victims where they will be accorded special care and advised on the measures they should take. They should also accord these victims protection from further abuse. 4. 1. 6 HOMES FOR ABUSED CHILDRENChildren being abused in their own homes should be taken away by children officers and placed in homes. This way they will be protecting these children from more harm. They will also give these children counselling and hopefully these children can make it a normal life someday. 4. 1. 7 THE SEXUAL OFFENCES ACT I still feel like the life sentence is too lenient. A person who defiles a child as young as 3months old is not any better than a murderer because a child this young has very few chances of a normal life after that ordeal. I strongly feel castration is a punishment that should be incorporated into the act.No disorder or any other explanation people have attempted to offer can justify this inhumaneness and with the rate at which its raising people need to go out the seriousness of their actions. 4. 2 IN SUMMERY Defilement is an evil thats on the rise every day in this country. And its not just the girl child crying out but even the boy child is no longer safe. Children are Kenyas future and if we dont destroy this villain called defilement in a few years we will be having a generation of abused, unwarranted and people craving for revenge.This will breed a generation of criminals which means we are destroying Kenyas tomorrow. So we all have a mandate to stop this evil. I hope by the time i am admitted into the bar I will not experience what I truism during my judicial attachment. 4. 3 ACKNOWLEDGEMENT I would like to thank the school for the chance and support through my judicial attachment. I would also like to thank madam Ireri, Limuru resident magistrate, for her devoted support and all the Limuru court staff in general. 4. 4 RECOMMENDATIONI recommend this this report to NGOs dealing with sexual violence and children rights, Legal scholars and the public in general. 5. 0 REFERENCES 5. 1 STATUTES 1. The Sexual Offences Act,2006 2. The Children Act 3. The Constitution 2010 4. ANPPCAN Kenya chapter. 5. The UN Convention on the Rights of the Child. 6. Limuru Law Courts Case Law 5. 2 OTHER SOURCES 1. J. Wanjiku Khamasi &038 Wairimu Muita. (1991). WORLD HEALTH ORGANISATION. Media reportage of Sexual Violence and its Implications on Educational Leadership. retrieved August 08,2011, from www. kaeam. r. ke/e-journal/articles/vol1/wanjikufulltext. pdf 2. Kenya country profile. (April 2009). Retrieved August 08, 2010, from www. cartercenter. org/peace/human_rights/defenders/ /kenya. html 3. Sasha Hart. (August 9 2011). Police (in)action as an access to j ustice barrier for defilement victims. Retrieved august 12, 2011, from www. blogs. mcgill. ca/humanrightsinterns/2011/08/09/police-inaction-as-an-access-to-justice-barrier-for-defilement-victims/ 4. Christine Kungu. (January, 24 2011). 160 Girls University of Toronto, IHRP control panel Presentation.Retrieved August 12 2011 from, www. theequalityeffects. org/pdfs/160%20girls. pdf 5. Standard team. (June 1 2005). Shocking statistics on fathers defiling daughters. Retrieved August 13 2011 from, www. groups. yahoo. com/group/MahdiUnite/message/7472 6. Winnie V. Mitullah. (July 1997). violence against women. Retrieved August 15 2011 from,www. ieakenya. or. ke/documents/Profiling%20Women%20in%20Kenya. pdf 7. Gender sensitivity. (February 2000). Retrieved on August 17 2011 from, www. unesco. org/education/mebam/module_5. pdf