SLEEPING (or even attempting to sleep) with a boy or girl before his/her 18th birthday is one of the most serious crimes you can commit in Kenya. The question of him/her giving consent does not arise. Its however slightly better if he/she is a willing participant, its a disaster if you attempted to or actually forced her to do it. You are cooked.
THE law on sexual offences is ruthless. It was crafted in such a special way that instead of setting the highest punishment, it sets the lowest punishment you can get. For eleven years and below, the punishment is life sentence. For 12 to 15 yrs the least punishment is 20yrs in jail. For 16 to 18 yrs the sentence is 15yrs minimum. Don’t ask about the ages in between. There is no option of a fine. In fact at Makadara law courts in Nairobi, they told me they don’t give cash bail, its strictly bond and surety.
NOW why do I say its slightly better if the Minot was a willing player? If you forcefully defile a 16-yr old minor, there are chances she will report it when the evidence is still fresh. Bit if she is a willing player, she may conceal it for days or weeks or months and the evidence disappears. Either way if the evidence is available, her consent is not a defence.
Secondly, if the girl is a willing player, she can even lie to the court that she actually told you she is 19 yrs. That we she will be helping you escape.
What am saying is this, if you are charged with defiling a 17 yr old girl your lawyer will be keen to know if she was a willing participant or not. He will read her statement and read your lips. When the girl takes the stand to testify, one of the questions the lawyer will ask her is this, “has the accused person ever asked you how old you are? ” Yes” “And what was your answer?” “I told him Iam 19”.
THAT alone is defence. The law States that its a defence if the minor deceived you she/he is over 18. The second defence is if you reasonably believed he/she is over 18. That second defence is determined in regard to all circumstances and any steps you took to ascertain the age. So if the girl is big bodies and she actually tells the court she had given her age as 19, you will be on your way to freedom.
HOWEVER that does not apply if the girl is related to you by blood. In other words you can’t defile your cousin’s daughter and argue that she deceived you on her age. Now you know.