Rape and rape culture in Kenya is a topic that cannot be discussed exhaustibly. Radio and Television shows have had numerous panel discussions about rape culture in Kenya but there is never a conclusive ending. However, the fact remains that there are documented cases of rape and there are also many undocumented rape cases in Kenya.
The undocumented rape cases are those that go unreported due to fear of embarrassment, intimidation, and threats from perpetrators and naivety of the law.
Examples of rape cases that go unreported due to embarrassment are those that happen within the institution of marriage:
1. Double trauma
Rape in marriage is a very sensitive case to handle. First, the victims fear to report the cases to the relevant authorities because it sounds weird and untrue. How do you go to the police station and say, “my husband raped me.” Or that “my wife raped me.” Will you be taken seriously? Many victims of rape have suffered double trauma while reporting the cases to the police or to a doctor. First, they have to endure embarrassing questions from the police. “Did he hurt you?” “Did he use a condom?” “Were you naked?”
Secondly, when they report the rape cases to a doctor, sometimes they are subjected to embarrassing medical examination to ascertain whether it was penetrative sex or just attempted rape. The examination may also be done to gauge the extent of the damage/injuries. The victims, therefore, suffer embarrassment and humiliation twice.
2. Conjugal rights
Back to rape in marriage. Where do we draw the line between submission, consent and conjugal rights? When the husband wants to have sex but the wife is at first unsure but later gives in, can we conclude that she was forced? How can we know whether she genuinely agreed to have sex or whether she was coerced into it? Is she giving in because she is supposed to be submissive to her husband or is she giving in because she has an obligation to sexually satisfy her husband? The line between submission and being forced to have sex in marriage is very thin, untraceable even.
3. No consent
It is rape if there is no consent. That is the bottom line in every rape case. That is why a person who has sex with a person who is not an adult is said to have committed defilement even if the non-adult is the one who willingly took himself or herself to the perpetrator’s house. The conclusion is that a non-adult cannot give consent because he or she is still considered a child/minor. Unless there is some physical abuse involved, it is very hard to differentiate between consent, submission, and coercion in marriage.