Title: ACCESS TO JUSTICE FOR INTRA FAMILIAL CHILD SEXUAL
ABUSE VICTIMS IN KENYA: A MIRAGE?
Authors: Mercy Mwarah Deche, Sarah Kinyanjui, Kiarie Mwaura
Mercy Mwarah Deche, Dr Sarah Kinyanjui, Prof Kiarie Mwaura
University of Nairobi, Kenya
MLA 8 Devi. M.B., Dr. Syamala, and Safniya P.P. "ACCESS TO JUSTICE FOR INTRA FAMILIAL CHILD SEXUAL ABUSE VICTIMS IN KENYA: A MIRAGE?" Int. j. of Social Science and Economic Research, vol. 4, no. 7, July 2019, pp. 4997-5020, ijsser.org/more2019.php?id=382. Accessed July 2019.
APA Devi. M.B., D., & P.P., S. (2019, July). ACCESS TO JUSTICE FOR INTRA FAMILIAL CHILD SEXUAL ABUSE VICTIMS IN KENYA: A MIRAGE? Int. j. of Social Science and Economic Research, 4(7), 4997-5020. Retrieved from ijsser.org/more2019.php?id=382
Chicago Devi. M.B., Dr. Syamala, and Safniya P.P. "ACCESS TO JUSTICE FOR INTRA FAMILIAL CHILD SEXUAL ABUSE VICTIMS IN KENYA: A MIRAGE?" Int. j. of Social Science and Economic Research 4, no. 7 (July 2019), 4997-5020. Accessed July, 2019. ijsser.org/more2019.php?id=382.
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Abstract: Child sexual abuse within the family, hereinafter referred to as Intra-Familial Child Sexual
Abuse (IFCSA) is prevalent enough to prompt specialized attention. Its impact differs from that
of child sexual abuse by a non -family member because of the unique specificities associated
with it. These include its interaction with patriarchy, family set up, livelihood, associated stigma
and taboos, community expectations, and the question of ownership of the conflict. The law in
Kenya, however, responds to IFCSA under the same legal framework that it responds to child
sexual abuse by a stranger. When the law fails to pay due regard to these specificities, the
victim's right to access to justice is impeded and remains out of reach for IFCSA victims. This paper discusses the specificities and the extent to which they impede access to justice. The
discussion in this paper is based on a qualitative desk and field research carried out as part of the
author's doctoral research. The field data was collected from three of the forty seven counties in
Kenya. This was mainly through in-depth interviews with judicial officers, senior officers from
the Department of Children Services, and Probation and After Care Services, legal practitioners,
community elders, police officers and IFCSA convicts and victims.
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