Sexual Offenses Act: Rape, Section 3

Over time I have realized people don’t even know when they commit the act or are just ignorant. Others don’t know when it is committed to them. What is Rape according to Kenyan Law?

(A) person commits the offence termed rape if—

  • (a) he or she intentionally and unlawfully commits an act which causes penetration with his or her genital organs;
  • (b) the other person does not consent to the penetration; or
  • (c) the consent is obtained by force or by means of threats or intimidation of any kind.

This law protects men from men and women offenders. Consent, which defined later in the act, may be granted but how it is obtained may change it to rape.

(2) In this section the term “intentionally and unlawfully” has the meaning assigned to it in section 43 of this Act.

Section 43 in the act. 

(3) A person guilty of an offence under this section is liable upon conviction to imprisonment for a term which shall not be less than ten years but which may be enhanced to imprisonment for life.

Disclaimer: The words have not been altered but the italics are the writer’s comments.

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