Tuk tuk drivers recently assaulted me sexually; how can I get justice?

Dear Vivian,

I am a resident of Mombasa County. Recently, I left home for downtown Mombasa and opted for a matatu as my means of transport. At the bus stage, many public transport options were available. However, two tuk tuk riders kept insisting I use their services. When I opted for a matatu, the two pulled me from either side and tore my blouse. They laughed hard and one began filming me. At this point, other riders had surrounded me. Luckily, some women covered me with lesos. Since the incident, I have been unable to leave my home because of shame. The video has been circulating on social media and I don’t know how I will get justice.

Khadija Kisito,

Mombasa

Dear Khadija,

It is quite unfortunate that you had to endure sexual assault and, worse still, in public. Government data indicates that about 45 per cent of women and girls aged between 15 and 49 have experienced physical violence, while 14 per cent have suffered sexual violence. Public transport, social spaces and places of entertainment are where most incidents of violence against women and girls in public occur, especially in privately owned transport like matatus, tuk tuks and boda bodas. Most instances of sexual violence are still founded in the notion that women have no say on or cannot choose what happens to their own bodies.

In your instance, seeking support from local organisations or support services that deal with gender-based violence will be the best place to begin. These organisations can provide you with emotional support and help you ease out of the shock.

You shall then proceed to a police station as fast as possible, where an officer will write a report in the Occurrence Book and a police report number will be made available. The officer will further assist you to make a statement explaining what happened during the assault. You should begin by documenting the incident, writing down a detailed account of what happened, including the date, time, location, and descriptions of the people involved. If there are any witnesses, try to obtain their contact information in case they are needed later.

Remember to keep any physical evidence of the assault, such as the torn blouse or photographs of your injuries, if any. This can be crucial in building a case against the perpetrators. After filing the report, it's important to follow up with the police to ensure your case is being investigated. Ensure you keep records of your interactions with law enforcement officials.

Remember that justice may take time, but it's essential to pursue it for your own wellbeing and to send a message that such actions will not be tolerated in our society. Your courage in seeking justice can help protect other women from similar incidents in the future.

Vivian

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