An alleged ex-convict known only as ”Maranda” may have been responsible for the rape of five-year-old Peris Akoth at the beginning of this year, in Kenya. Then again, he may not.
However, the case has already become a rallying point for anti-rape campaigners who claim that abuses such as the one visited on Peris would be less likely to occur if Kenya had adequate legislation on the books. While a person found guilty of rape may end up with life imprisonment, there is no minimum sentence for the crime — something activists are intent on changing.
Maranda is accused of defiling Peris after he was reportedly freed from prison, where he was already serving a sentence for rape. The alleged former convict is said to have walked free on December 12, on a presidential pardon issued during the first year of his four-year jail term.
”The gravity of the crime requires that the offender is put away for life or the longest possible time. But here, rapists can get as low a sentence as a fine, because there is no minimum sentence,” says Judy Thongori, chairperson of the Centre for Rehabilitation and Education of Abused Women, based in the Kenyan capital, Nairobi.
”In Akoth’s case, if the rapist had been jailed for 30 or 40 years, he would not have been available to ruin the little girl’s life. The girl would have been guaranteed her full life,” she adds.
Apart from fines, rapists may be sentenced to very short prison terms, community service or even be put on probation — all at the discretion of the presiding magistrate. This does little to deter potential criminals, observes Jane Kamangu, a senior legal officer with the Child Rights Advisory, Documentation and Legal Centre, also headquartered in Nairobi. Instead, she argues for a lengthy minimum sentence.
”With a minimum sentence, [there may be fewer] cases of sexual abuse … since the sentence acts as a deterrent. Would-be offenders may think twice about the consequences before committing the crime,” she notes.
Legislation
Kenyan activists would probably argue that neighbouring Tanzania has set an example of the sort of change that needs to be instituted in their country. Tanzanian authorities recently passed tough legislation stipulating a minimum sentence of 30 years for rape, and a maximum sentence of life imprisonment.
Back in Kenya, a proposed Sexual Offences Bill, the brainchild of legislator Njoki Ndung’u, provides for minimum rape sentences — as well as the chemical castration of sex offenders. However, the Bill has been pending since 2004.
”The [Sexual Offences] Bill is the most urgent Bill. For as long as we do not have such a law, it remains the most urgent piece of legislation,” says Thongori.
While the debate about rape law rages, the little girl at the centre of it all is struggling to recover from her ordeal. Peris’s face and back are severely bruised, and the upper part of her right eye has stitches in it. But, these are the least of her injuries.
In the course of the rape (on January 1), the tissue between Peris’s urinary tract and anal canal was pierced, and she now has difficulty in passing stools. Doctors at Nairobi Women’s hospital where she has been admitted have already performed reconstructive surgery, but two more operations will be needed, according to nursing director Joyce Musyoka.
Peris’s mother, Elizabeth Atieno, accused Maranda of the rape. ”We reported the matter to the police immediately, but up to now there is no communication about his whereabouts,” she says.
Facts of the case
Police say they are still trying to confirm the facts of the case, and apprehend Maranda.
”The person is on the run and we have not been able to establish whether he is an ex-convict … We cannot just rely on information from people; we need to get the correct information,” police spokesperson Jasper Ombati said in an interview with Inter Press Service.
Official statistics indicate that an estimated 2 800 rape cases were reported in 2004, substantially more than in the previous year.
The widespread prevalence of rape is also indicated by the number of rape victims who seek assistance at Nairobi Women’s hospital.
Every day, as many as eight persons report being raped, says Musyoka — most of them minors.
Organisations that are fighting rape say these figures may well be misleading, however, as only a few rape survivors report being attacked — or gather their courage to seek legal assistance. — IPS