My husband recently forced his way into my room and raped me: What can I do?
Economic, political, and social powerlessness by women is the basis of domestic violence, marital rape, and often murder, or severe beatings.
What you need to know:
- Despite the lack of specific recognition of marital rape, what you have gone through is still not permittable.
- Your solution lies within the Protection Against Domestic Violence Act, which provides comprehensive measures to protect against domestic violence.
Dear Vivian,
I have been married for 10 years. I call them 10 years of hell because I was in an emotionally abusive marriage. We agreed to separate. However, I moved to the servant quarters of our home. I have no money to move out. A couple of days ago, my husband sneaked out of the main house and forcefully entered my room and without consent forced his way to intercourse. What can I do?
Nyokabi,
Syokimau
Dear Nyokabi,
Marital rape is any case where someone uses violence or the threat of violence to force their wife or husband to have sex. In Kenya, rape is a criminal offence punishable with a prison sentence, but there is no legal protection from rape within marriage.
The question has always been, is it possible for a husband to rape his wife? To many, such a violation seems absurd and far-fetched and cannot seemingly occur in a marriage.
The argument advanced by those who belong to this school of thought is that a husband cannot rape his wife where the covenant of marriage exists.
The introduction of the Sexual Offences Act in 2006 tightened the legal definitions of sexual offences and penalties. However, the Act explicitly excluded protection for married women from sexual violence within their relationships.
Therefore, according to Section 43(5) of the Act, it is not an offence to coerce someone into a sexual act by using force or threat of harm if you are legally married to that person.
Despite the lack of specific recognition of marital rape, what you have gone through is still not permittable. Your solution lies within the Protection Against Domestic Violence Act, which provides comprehensive measures to protect against domestic violence.
This Act defines domestic violence broadly to include physical abuse, sexual abuse, emotional or psychological abuse, and economic abuse, among others.
Under this law, you have the right to apply for a protection order if you are a victim of domestic violence. This order can restrain your husband from committing further acts of violence and can include provisions to ensure your safety and well-being.
Further, the order can prevent your husband from coming near you or your residence and can mandate him to stay away from you. The court can also provide you with exclusive occupation of the home, ensuring your safety.
Given the severity of your situation, you should immediately report the domestic violence to the nearest police station. Provide detailed accounts of each incident, including dates, times, and any witnesses.
The police will then open a file and initiate investigations. It is also crucial to visit a hospital or a healthcare provider for a medical examination. This not only ensures your health and well-being but also provides medical evidence that can be used in court. Ensure that you obtain a medical report detailing the findings.
Given that this form of offence can be difficult to report due to its nature, I recommend you walk with a family lawyer or visit any women’s rights organisations with gender-based violence litigation experience.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
