Inadequacy of Law in Dealing with Marital Rape

Abstract

Rape is defined as forcible sexual relations with a person against that person’s will. The Sexual Offences Act1 sets out instances where rape can be said to have been committed. On the other hand, violence is defined as ‘the intentional use of physical force or power, threatened or actual, against oneself, another person or against a group, which either results in or has a high likelihood of resulting in injury, death, psychological harm, mal-development or deprivation.2 Sexual violence is an increasing decadence on the rising. Kenya is not an exception concerning the rise in these incidences. It is further enhanced by ignorance of the law, as well as the insufficient coverage of legal regulation to control incidences of sexual violence.3 Up to today, the legal regime hasn't incorporated all the forms of sexual violence making it difficult to effectively deal with their rise or emergence. Sexual violence also infringes on the many human rights of the victim, including the right to health.