Help! My cousin raped me then taunted me to stay silent

Dear Vivian,

I was recently sexually assaulted by my male cousin; someone I have lived with for years at our grandparents’ home. We were raised together, and he has always been seen as an upright individual, so I am sceptical whether anyone would believe me over him. He has even taunted me, saying I shouldn’t bother telling anyone because no one would believe me. The only evidence I have is my word against his. Is it possible to get justice in such a situation, and what steps should I take?

Rakel Muthoni

Thika

Dear Rakel,

Sexual violence is a deeply traumatic experience, and I want to first acknowledge your strength in coming forward with your story. The law provides mechanisms to pursue justice even in cases where there is no physical evidence beyond your testimony.

The Sexual Offences Act provides a robust legal framework for addressing sexual violence. This law criminalises acts of non-consensual sexual contact, including those perpetrated by family members. The fact that the perpetrator is your cousin does not make the offence any less serious, as the law applies regardless of the relationship between the survivor and the accused.

While physical evidence such as medical reports and forensic findings can strengthen a case, Kenyan law recognises that a survivor’s testimony alone can be sufficient to secure a conviction if the court finds it credible and truthful. This has been reaffirmed in various cases, where courts have ruled that the absence of medical evidence or eyewitnesses does not automatically mean that an offence did not occur.

Given your situation, there are important steps you can take to seek justice. First, it is crucial to report the matter to the police as soon as possible and ensure that an Occurrence Book number is recorded. This is a critical step in initiating legal proceedings. Seeking medical and psychological support is also essential. Even if time has passed, visiting a hospital or a gender-based violence recovery centre can help document any psychological trauma resulting from the assault, and counselling services may provide much-needed support.

While you mentioned that the only evidence you have is your word against his, there may be circumstantial evidence that supports your claim. If you confided in someone shortly after the assault, their testimony about your emotional and physical state could strengthen your case. Additionally, since your cousin has taunted you about not being believed, any texts, calls, or conversations where he made such statements could be used as evidence of guilt. It is important to document any threats or intimidation, as this could be relevant in court.

Justice is not only about legal proceedings but also about your well-being and healing. Seeking therapy or joining a support group can be vital for helping you regain your sense of self. You have the right to be heard, to seek justice, and to be treated with dignity throughout this process. If you need further assistance, reach out to legal professionals who specialise in gender-based violence cases—they can guide you through the legal process and help you assert your rights.

Vivian

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