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Disability is not Inability

:: What is RAPE in Kenya?

Rape is defined in Kenyan law as having sex with a woman or girl without her consent or with her consent if obtained under threat, force or intimidation of any kind, fear of bodily harm or misrepresentation as to the nature of the act or by a person impersonating her husband.

If the girl is less than 16 years then she is deemed incapable of consenting to sex in law and therefore sex with her is considered rape even with her consent.

Technically in law the rape of a girl below 16 years is termed defilement.

The rape of a person above the age of 80 is still just rape although they have reached an age in which they are as defenceless and sexually more prone to violence.

Rape of persons with disabilities is also called simply rape although in many cases it takes the form specific to disability of the victim.


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