Author:
Njue Festus Njeru,Materu Sosteness Francis
Abstract
AbstractThis article analyses the dilemmas encountered in enforcing the Kenyan law on defilement, focusing specifically on consensual sex between adolescents. It argues that, although punishing adults who have sex with minors is clearly justified, punishment cannot be justified in the case of minors who engage in “experimental” sex with each other. It challenges the current legal regime that allows only one minor (male) to be charged, and not the other (female), noting that neither of the mutual participants would feel vindicated by punishing the other. Similarly, it shows that charging both participants also poses legal and policy challenges. Consequently, it argues that charging adolescents for defilement when they have consensual sex with each other goes against the very policy that informed the adoption of the anti-defilement provisions. The article recommends that Kenya's legislation is reformed to create a legal regime that protects juveniles from sexual violation without victimizing them.
Publisher
Cambridge University Press (CUP)
Reference23 articles.
1. Reinterpreting Criminal Complicity and Inchoate Participation Offences
2. Where art thou, privacy? Expanding privacy rights of minors in regard to consensual sex: Statutory rape laws and the need for a ‘Romeo and Juliet’ exception in Illinois;Franklin;John Marshal Law Review,2012
3. Statutory interpretation: In the classroom and in the courtroom;Posne;The University of Chicago Law Review,1983
4. Talking about sex: Contemporary construction of sexuality in rural Kenya;Miroslava;Africa Today,2000