Rape victims deserve justice

Rape victims deserve justice

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rust is something that the rape victims know only too well that they should not give to anybody-especially their close circle of friends and family. This is because they have been betrayed and cried their hearts out for it.

BY MUSYOKA NGUI

On several occasions we get to hear about minors defiled by people well known to them. We also learn in the news that some adults have been raped, again by alleged close assailants. The frequency with which the news pops up no longer warrants the attention. It is normal to read in the papers or watch the TV about these numerous cases of gender based violence.

As a court reporter, I witnessed shocking revelations of testimonials arising from medical doctors, victims and their families when they took to the witness stand. The alleged assailants were put on their defence. The judges got amused before realising the weighty nature of the case and resuming their ever no -nonsense demeanour.

Many cases took long to conclude while others were thrown out on lack of evidence and other technicalities steeped on a heavy burden of proof.

I empathised with the victims. I thank them for summoning the guts to come out of the closet and face their enemies. But the narrative should not end there. For fear of reprisal, the hearings were conducted in the absence of the victims.

The suspects claimed that they were framed. For instance, one said a mother colluded with her daughter to fix him. The man even dragged the name of the police and the doctor. It was upon the learned judge to determine the case based on the evidence adduced.

For some reasons, the suspects relished the fact that the rape claims were on quicksand. One particularly charged the medical doctor to prove why he believed the girl in question was penetrated yet there was no fluid (read solid) evidence on examination. The doctor did not report seeing blood or semen in the vagina of the young girl. The doctor said that there were signs of penetration because the hymen was slightly broken and the birth canal was inflamed. The suspect countered by arguing that the girl may have inserted a finger or another foreign object that inflamed and pierced her womanhood.

Now that is hard to prove that indeed the suspect did penetrate the minor by mere association of a scratch with his manhood, I can say that the suspect is headed for freedom-even if he may have indeed done the heinous act.

As a matter of due diligence, for a rape case to be sustained, some things ought to be done properly and in good time. One, the victim should report the matter to the police immediately. Do not wait for long because the longer you do the faster the evidence will fade. Rape case evidence can be mined efficiently within 72 hours. Get the crime scene photos taken. Gather weapons used like clubs, clothes, condoms and identification documents such as national IDs and passport photos. The victim can snatch the wallet of the suspect to bolster his/her case.

Report to the police and have a medical practitioner examine you. This can be done with the help of a friend or a relative you trust.

But trust is something that the rape victims know only too well that they should not give to anybody-especially their close circle of friends and family. This is because they have been betrayed and cried their hearts out for it. That the vast majority of rape suspects are close relatives and friends known to the victim means the victim may just as well give a stranger a chance than a person they have known for years.

There is need to employ technology in unravelling the rape cases. The Government Chemist should take up the challenge and establish a DNA bank that profiles the genetic compositions of the suspects of rape as well as that of their victims. This will make it easy for the matching of the DNA strand samples to nail the perpetrators.

On their part, the medics should get and keep the blood and semen samples of the alleged perpetrators as well as those of their victims. To this end, vaginal secretions, sweat, fingerprints and hair strands come in handy in determining the case that is proving to be the new frontier for gender based violence.

There is also need for an elaborate mechanism to be established to counsel the survivors of rape and defilement. Some contemplate and actually commit suicide. Two wrongs do not make a right.  Let live. The children borne from rape are treated as accidents. It is unfortunate. They are mere innocents of circumstances. The mothers of these children should not abort the foetuses. It is better to give up the kid to a children’s home than to kill it.

To those who frame innocent people in order to settle scores, your days are numbered. Does it prick your conscience that an innocent person is going through hell because of your wild allegations? Is your heart guilt proof?

Justice should be seen to be done for the victims of rape and defilement.

The writer is a final year student of Bachelors of Arts Degree in Communication and Media at Chuka University and a Blogger at musyokangui.blogspot.com

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