The girl, now
infected with HIV and syphilis, is said to have been threatened by the relative
not to reveal the defilement. It is suspected that she was molested repeatedly
over a short period in Vihiga.
That
small rural community, sadly, is just one among many others scattered here who
are dealing with rising cases of defilement. Child and legal experts attribute
it to a culture of tolerance towards sexual violence on minors, which tends to
protect the aggressor, mostly a relative or close family friend.
In
the case of the Vihiga minor, for instance, relatives said she seemed to have
been a soft target in the eyes of her uncle, who lived close by. It was only
after her grandfather sensed something was wrong about her that she revealed
what had been happening.
Her
uncle, she said, first approached her as she was headed home from school some
time in May this year. He led her to a latrine, where he attempted to molest
her and threatened to stab her should she report the incident to anyone.
His
prey marked, the man kept on monitoring the girl's movement, and he eventually
had his way with her.
"I
was heading home from school one day when I ran into him," said the girl.
"He told me he wanted to send me on an errand and I followed him. But he
pushed me inside the latrine, got in and locked it from inside."
He
then made it a habit, repeatedly waylaying her on her way home from school and
locking her inside the latrine, defiling her, and warning her to stay mum about
it. Because of her age, and probably the fear the uncle induced in her, she did
not tell anyone.
Her
body, however, could not keep the secret, and when infection set in, her
grandfather noticed that she had difficulties walking and asked her grandmother
to investigate. After assuring the minor that no one would harm her, and that
she would be safe in her hands, the girl opened up.
"We
were angered by what we heard and immediately confronted the man," the
girl's grandmother (62), who is currently taking care of her, told DN2 last
week. "But he chased us away and threatened to kill anyone who reported
the matter to the authorities."
Medical
tests confirmed that the girl had indeed been defiled. As if that was not
traumatising enough for the family, an HIV test turned positive. The girl is
now on antiretroviral treatment.
The
family reported the matter to the police, but the man was released for lack of
evidence as the crime, committed over a long period but hushed up in an
atmosphere of threats, had not been reported within a window that allowed
officers to carry conclusive investigations and nail the molester.
"It
was a very agonising turn of events for me," said the grandmother.
"The man who had molested my grand-daughter and ruined her life had just
walked scot-free, and there was nothing I could do about it.
TABOO CHILD
"Luckily,
he was later arrested after he attempted to defile a five-year-old girl, and is
now serving a 45-year sentence and Kodiaga Prison."
Less
than a kilometre away from this tormented village, Mary* will be giving birth
in October. Unlike other mothers, though, she will not be allowed to breastfeed
her child.
Despite
carrying the pregnancy to term and suffering through labour pains, Mary will
not even have the time to bond with her baby.
When
the day comes, the family plans to take her to hospital, ensure she gives birth
safely, and then abandon the baby at the hospital. And that will be the end of
the extremely short and painful relationship between mother and child.
Mary
(14), is a victim of incest and defilement by her paternal uncle, and the
culture here does not allow her to take care of the offspring of such a taboo relationship.
Fighting
back tears, she says her first sexual encounter with the uncle happened in a
nearby bush as she collected firewood.
"He
grabbed my mouth and held my jaw firmly in his grip," she says. "I
was horrified."
She
attempted to scream, but the man told her that should she as much as raise a
whimper, he would strangle her to death.
From
then on, the man made a habit of waylaying the girl and defiling her. The
village, unfortunately, remained in the dark, and so a scared and scarred Mary
suffered in silence; until she got pregnant.
Her
rural community, however, will not allow her to keep the baby. Christopher
Mudavadi, an 82-year-old Maragoli elder, explains that Luhya traditions dictate
that when a baby is born out of incest, "it is not required to make the
first cry anywhere close to the community".
If
the baby cries, says Mr Mudavadi, "the clan is doomed". He says that
in the past, children born of such relationships were either killed or thrown
away in the bush.
Such
offspring, he continues, is "unwanted" not just by the family, but
also the entire village and community.
Once
village elders become aware of a woman carrying the pregnancy of a close
relative, they advise that she is escorted to a far place where the community
will not see her and her baby. Normally, she is taken to a relative who lives
far away from the village.
The
incestuous man is then summoned by the elders and ordered to produce a cow in
penance. A ceremony is called and a different clan called in to feast on the
cow, after which the man is deemed cleansed.
Mudavadi
says that, as times evolve and the rule of law becomes more pervasive, the
community has changed from killing the infants to abandoning them.
Because
she is not allowed to be seen traipsing through the village tracks while
pregnant with her uncle's baby, Mary will be transferred to an aunt's place,
from where she will be taken to hospital once she starts labouring.
WARPED TRADITIONS
Her
uncle was arrested after the crime became public knowledge, but he was released
from police custody on the request of the clan, which said it wanted to deal
with the matter traditionally. The man has since disappeared from home.
"I
was told that should anything happen to my elder brother, I would be
responsible, so I requested the police to release him," says Mary's
father.
These
two children are among hundreds of girls who have been defiled, a considerable
number of them by close relatives, in Vihiga County. Their predicament also
thrusts them into conflict with their communities because of existing beliefs
and traditions on incest, exposing them to inhumane treatment which appears not
only rampant, but generally condoned.
Traditions
around coerced sex in a largely patriarchal society also shield the victims
from justice. Mary and the numerous girls here, therefore, are not just victims
of beastly men, but also a cruel society that has refused to let go of its
warped traditions.
The
result is a generation of young girls nursing traumatic experiences into
adulthood.
According
to the children's office in Vihiga County, 32 cases of defilement were reported
here alone in the second quarter of the year. Majority of the cases (28 out of
32) were incest-related; the victims were aged between three and 15. Villagers
told DN2 that boda boda operators were behind the high number of incest cases
in the county.
"Relatives
and drunkards are linked to defilement cases in this region," says Vihiga County
police coordinator, Elisha Odhiambo. "However, a majority of cases go
unreported because many families opt to settle the matter at home. We have,
however, directed the police not to allow such community interferences in
reported cases."
Girls
aged between three and eight years are particularly at risk here because of a
perverted notion that sex with a minor heals HIV/Aids.
Research
by IPAS Africa Alliance, a lobby for reproductive rights, found that Vihiga
County had one of the highest incidences of defilement in 2014 in Kenya. The
area still records an average of five cases of defilement and incest daily,
despite efforts by the county to curb the vice.
According
to a 2013 survey by the Kenya Medical Research Institute (Kemri), a vast
majority of minors in the county have been sexually violated.
VILLAGE CASANOVAS
So
grave is the situation that it has attracted the attention of Chief Justice
Willy Mutunga. During a visit to the county in March this year, Dr Mutunga said
the high number of reported cases of defilement in the county pointed to a
crisis that needed immediate attention.
Dr
Mutunga also warned boda boda operators, saying they had earned themselves a
dubious reputation as "village Casanovas", and cautioned that such
cases were also rampant in the neighbouring counties of Bungoma and Kakamega.
"Defilement
is turning into a crisis that needs to be addressed," Dr Mutunga said.
Addressing
the public on the same issue at Vihiga law courts, the Chief Justice called on
elders, parents and teachers to join in the fight against the sexual abuse of
children.
Grace
Mmasi, the Vihiga Senior Principal Magistrate, said most cases of defilement
heard in her court had either relatives or teachers as the suspected
aggressors, but lamented that families had become the biggest impediments to
justice as they always applied to have the cases withdrawn from courts.
"My
advice to the public is to report the cases and avoid settling them at
home," said Mmasi. "Many victims of incest also fail to report the
crime, a worrying tendency that such cases share with rape."
Among
the reported victims of incest, girls outnumber boys by approximately ten to
one, even though it is suspected that the number of abused boys may be
under-reported.
Data
indicates that the earlier the victim is abused, the more repressed the memory.
Younger victims, thus, are more prone to have "forgotten" their
earlier experiences, and so are unable to report them.
Grim number
32
cases of defilement reported at the Vihiga children's office in the second quarter
of this year alone. Out of these, 28 involved family members and close
relatives. Among the reported victims of incest, girls outnumber boys by
approximately ten to one, even though it is suspected that the number of abused
boys may be under-reported. Data indicates that the earlier the victim is
abused, the more repressed the memory. Younger victims, thus, are more prone to
have "forgotten" their earlier experiences, and so are unable to
report them.
The law says...
Sections
20 and 21 of the Sexual Offenses Act say the offense of incest can be committed
by both males and females. The law further says that the penalty for incest or
attempted incest is a minimum of 10 years imprisonment, or life imprisonment in
the case where one of the involved parties is a minor. However, a judge may be
lenient on two consenting adults if it is proved that they had no knowledge of
a blood relationship between them prior to the sexual relationship.
Victims need special care
Prof
Maasasabi Masinde, head of the sociology department at Moi University, told DN2
that the increase of incest cases was an indication that caregivers were losing
traction. He explained that victims of paternal incest endure more emotional,
physical, self-identity and inter-personal difficulties during and shortly
after the incest cases are terminated. "We are living in a society where
men see minors as mature women, more so when they are drunk," Prof Masinde
said, and warned that if the victims are not exposed to proper counselling, their
relationships with men and sexuality are likely to be adversely affected. A
number of emotional problems may emerge from the abuse, said Masinde, including
inability to trust and avoidance of both intimacy and emotional bonding.
* Names changed to protect the identities of
victims.
Via Daily Nation
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