‘Masseur inserted his fingers in my genitals during full body massage’

Dear Vivian,

I attended a massage parlour in a Malindi beach hotel. As I got a full body massage, the masseur inserted his fingers in my genitals. I shouted “stop!” and a group of other masseurs walked in. Feeling embarrassed, I wore my clothes and did not explain the ordeal to them. I am not sure if his act is an offence as there was no genital insertion. What should I do?

Viola Wanje, Malindi town

Dear Viola,

First, what you went through is not acceptable and may be considered a criminal offence. In Kenya, any form of non-consensual sexual contact, including touching or insertion of fingers into genitals without consent, is considered sexual assault.

It is advisable you get to a safe place and tell someone you trust as soon as possible. This person can accompany you to the nearest hospital. You should maintain the same clothes you had when the assault occurred. Alternatively, put them in a bag made from paper or a newspaper. Avoid the use of a polythene bag, which will sweat and distort the evidence. At the hospital, do not queue but rather inform the registration desk of your experience.

You probably ran out of the parlour because of shock after the distressing experience. There is also a likelihood that you are experiencing shame, sadness and fear. This is a normal experience; however, it should not make you shy from reporting.

It's crucial to report such incidents to the authorities as soon as possible, as delays might affect the collection of evidence and the ability to hold the perpetrators accountable. You can go to the nearest police station to file a report, then seek assistance from organisations that deal with sexual assault cases.

Additionally, it is essential to gather any evidence you might have, such as identifying information about the masseur or witnesses. It was important you shouted “stop”. This would mean there is a high chance the other employees heard you. Their testimony will be required in prosecuting the case in a court of law. Additionally, it shows the lack of consent, which is an essential element in any sexual violence cases.

Finally, on this issue, courts in Kenya have given the essential ingredients for the offence of sexual assault. In one matter in the Court of Appeal, it was decided as follows: “…. Thus, for purposes of sexual assault, the penetration is not limited to penetration of genitals by genitals. It extends to penetration of the victim’s genital organs by any part of the body of the perpetrator of the offence, or of any other person or even by objects manipulated for that purpose.”

Vivian

The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).