Defilement: Human Sexual Behavior and Child

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KENYATTA UNIVERSITY
BACCALAUREUS LEGUM – LLB
LPR 205 JUDICIAL ATTACHMENT
REPORT PRESENTED IN FULFILMENT OF PART OF THE COURSE REQUIREMENTS TITLE OF REPORT:

STUDENT NAME: MUTITU EVELYNE .W.
STUDENT REGISTRATION No: L95S/7061/2009
WORD COUNT: 4480
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DATE OF SUBMITTING REPORT:
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THURSDAY, 29TH SEPTEMBER 2011

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I am aware of academic rules on plagiarism and state that the work covered by this report is my own and does not contain any unacknowledged work from other sources. -------------------------------------------------

PRINT NAME: MUTITU EVELYNE .W.
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SIGNATURE:
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TABLE OF CONTENTS:
1.0: ABSTACT
1.1: Objectives
1.2: Method
2.0: INTRODUCTION
3.0: BODY
3.1: Definition of defilement
3.2: Background of defilement in Kenya
3.3: Statistics on defilement in Kenya
3.4: Perpetrators of defilement in Kenya.
3.5: Age of defilement victims in Kenya
3.6: Possible explanations as to why defilement is on the rise 3.6.1: Gender inequality and patriarchal notions
3.6.2: Cultural practises
3.6.3: Poverty
3.6.4: Cultural and social stereotypes
3.6.5: Failed institutions
3.7: Laws governing the prosecution of sexual violence against children: 3.7.1: The constitution
3.7.2: Sexual offences act, 2006
3.7.3: The children’s act
3.7.4: The criminal procedure code
3.7.5: The employment act
3.8: Challenges for seeking redress in sexually assaulted children: 3.8.1: Slow judicial system
3.8.2: P3 and PRC form
3.8.3: Poor investigation and prosecution
3.8.4: Conflicting medical reports
3.8.5: Cultural and social stigma in reporting cases 3.8.6: Ignorance of the public
3.8.7: Gender desks
4.0: CONCLUSION:
4.1: Possible avenues of dealing with defilement
4.1.1: Applying the equality provisions in the new constitution 4.1.2: Civic education
4.1.3: Advanced technology in collecting evidence
4.1.4: Legislation to curb cultural practises encouraging defilement 4.1.5: Special desks in police stations for sexually assaulted victims 4.1.6: Homes for abused children

4.1.7: The sexual offences act
4.2: In summery
4.3: Acknowledgement
4.4: Recommendation
5.0: References:
5.1: Statutes
5.2: other sources

DEFILEMENT MENACES A FREQUENT GUEST IN THE CORRIDORS OF JUSTICE: 1.0: ABSTRACT:
1.1: OBJECTIVE:
The objective of this research was to find out why the number of defilement cases is increasing daily yet most of the other crimes are decreasing. It is also meant to find out if the judiciary is doing enough to curb this social evil and if has played any role in its rise. 1.2: METHOD:

I spent two months at Limuru law court and I listened to numerous defilement trials. I held several discussions with the Magistrate and children officers and consulted numerous researches done on the same. 2.0: INTRODUCTION:

Under the SEXUAL OFFENCES ACT (2006) a person who defiles a child aged eleven years or below shall upon conviction be sentenced to imprisonment for life; if the child is aged between 12 and 15 years, the term of imprisonment shall not less than 20years; and if the child is between 16-18 years old, the defiler faces a term of no less than 15 years behind bars. These are penalties that one would hope would scare the wits out of any person who is at least of reasonably sound mind from conceiving the slightest idea of defiling a minor in Kenya, but judging from the rampant cases of defilement this is...
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