Sexual and gender-based violence (SGBV) is a crime under the laws of Kenya. Prohibition of SGBV is clearly defined in various Acts of Parliament.
These include the Protection Against Domestic Violence Act, 2015, Prohibition of Female Genital Mutilation Act, 2011 and the Sexual Offences Act, 2006.
Why, then, do we have an increase in SGBV cases? Although individuals are aware of SGBV as a crime, they are unaware of the specific clauses that should protect them from the vice.
We often hear about women, or even men, who were injured as a result of domestic or relationship disputes, and divorce or separation. And hospitals are flooded with SGBV survivors.
This is an indication that SGBV does not only impact physical wellness but also emotional and psychological well-being, creating a reason why we must all come on board to eliminate this vice.
UN Women data show 35 per cent of women have experienced physical and/or sexual violence in their lifetime, whereas many more are victims of sexual exploitation where they work.
Sexual exploitation
Children forced into marriage are more vulnerable to sexual exploitation due to their inability to make decisions relating to sex. Young girls are not able to withstand masculinity from older persons, increasing their vulnerability to SGBV.
Women SGBV victims are likely to drop from employment, regardless of skills or expertise. And more resources are diverted to treating SGBV victims. There is a need for strict implementation of laws like the Sexual Offences Act, laws on protection against domestic violence and the Children Act, which prohibits child marriage and ensures equal education for boys and girls to enhance personal skills in decision-making.
Article 43(1a) of the Constitution entitles everyone to the highest attainable standards of health, including reproductive health. That can only be possible if we let everyone enjoy the right, including protection from SGBV.