Mentally challenged women at higher risk of GBV during Covid-19

Susan sits outside her mother’s house, near Thika town, in Kiambu County.

Their home is situated at a busy neighbourhood and a hive of activity. However, she is oblivous of whatever is happening, including when a middle-aged man deliberately walks close to her, touches her inappropriately and disappears. The 30-year-old woman does not react or respond. She simply stares with what looks like a smile stuck on her face.

Susan has a disability and that is why she is unable to defend herself against this sexual abuse. Infact, just a year ago, she delivered a baby boy. She was unaware of the pregnancy until her mother found out at some point, that her daughter was pregnant. Todate, the family is yet to know who the man, who must have raped her, is.

“Some intellectually challenged women and girls do not know or understand that they have been sexually abused or may not know how to communicate it,’’ says Wairimu Munyinyi-Wahome, executive director of Coalition on Violence Against Women (Covaw).

She adds that even in occasions when this is known, such incidents are often ignored or deliberately covered up especially in cases of incest.

PUBLIC AWARENESS

For the last five years, her organisation has been running a program that assists women and girls with intellectual disability access justice and other support mechanisms to survivors and victims of Sexual and Gender-Based Violence (SGBV), rape and defilement. In addition, the organisation has embarked on creating public awareness on the plight and rights of women and girls with intellectual disabilities to be free from all forms of violations.

The circumstances of these women have now been worsened by the Covid-19 and its emergent challenges, particularly measures put in place to contain its spread. The government’s stay-at-home instruction and the lockdown expose women and girls with intellectual disabilities to a higher risk of being sexually assaulted because of their extreme vulnerability. This, according to the Covaw director, arises because these victims of the sexual violence find themselves face to face with the perpetrators everyday since they are locked at home together.

“The women and girls with intellectual disabilities have been cut off from their external support system where they, or their caregivers, would easily report to, or communicate any instances of sexual violence,” notes Ms Munyinyi-Wahome.

“The result is that sexual violations against women and girls with disabilities thrive and go unreported,” she adds.

Notably, Kiambu - particulary the sprawling Kiandutu slums in Thika, and Nairobi -  mainly the informal settlements, have a huge number of families whose members, especially girls and women, have intellectual and disabilities.

The prevalent stigma and discrimination associated with intellectually disabled people, which fuels sexual violations especially against women and girls in that category, that Covaw sought to initiate the special project to support them during this Covid-19 period. 

DIFFICULT PERIOD

The project targets those with intellectual disability, and distribute to them and their caregivers, basic nutritional support packages, Personal Protective Equipment (PPEs) including masks, as well as sanitary towels and other basic hygiene needs. This, Ms Munyinyi-Wahome says, is meant to help these most vulnerable women cope with the tough economic times and difficult period that has also affected their caregivers.  

The program’s beneficiaries are based in the low income areas of Kawangware, Korogocho, Mwiki, and Mathare in Nairobi as well as in Ruiru and Kiandutu slums of Kiambu County. They are mostly taken care of by their mothers, many of who struggle through life to make ends meet.

Covid-19 aside, the government largely stands accused in enabling the discrimination and stigma against people with intellectual and mental disabilities, as it continues to retain in the Statutes, laws that are not only archaic, but also insulting and clearly against their dignity as human beings.

Section 146 of the Penal Code, Cap 63 of the Laws of Kenya relates to defilement of “idiots’’ or “imbeciles.” This term-at this day and age-is used in reference to people with mental and intellectual challenges.

The section reads: Any person, who knowing a person to be an idiot or imbecile, has or attempts to have unlawful carnal connection with him or her under circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the person was an idiot or imbecile, is guilty of a felony and is liable to imprisonment with hard labour for fourteen years….

BILL OF RIGHTS

This is one of the reasons widely attributed to delay in courts, in determination of many cases relating to sexual violence (rape and defilement) mainly, against women and girls with mental and intellectual disabilities, as well as a few boys and men.

A number of such cases are stuck in various courts across the counties such as Nakuru, Kiambu and Nairobi, some since 2014.  On average, these cases take between three to four years to be heard and determined.

“Referring to mentally and intellectually challenged persons as idiots or imbeciles is derogatory, demeaning and discriminative based on the health status, disability and birth of such persons contrary to Article 27 (4) of the Constitution,’’ says Ms Munyiyi-Wahome.

“It is the fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights.’’

Consequently, the women’s rights organisation is pressing for the repeal of Section 146, arguing that doing so would ensure the dignity of mentally and intellectually incapacitated people is protected and their rights enhanced.

“In line with its vision of a society where women and girls enjoy equal rights, freedoms and thrive in safe spaces, free from all forms of violations, Covaw calls for a repeal of Section 146 of the Penal Code,’’ the organisation says in a written submission to the Mental Health Task Force, chaired by Dr Frank Njenga