Investigating the extent to which gender neutrality is achieved in The implementation of the sexual offences act

Abstract

Sexual violence is a serious problem in society. In Kenya, the Sexual Offences Act was introduced to make provisions about sexual offences, their definition, prevention and protection of all persons from unlawful sexual acts. Unfortunately, there is a gender imbalance in the implementation of the SOAsexual offence legislation in Kenya. While the SOA has attempted to foster gender neutrality in the drafting, this is not reflected in the society. Male victims fail to be given the due attention. Although national and international statistics reveal that more women are victims of sexual violence, the male victims need to be recognized and protected by the legal framework. The paper uses desktop research to determine the extent to which gender neutrality is achieved in the implementation of the SOA. The TFSOA revealed the challenges faced during the various stages of seeking justice. These challenges addressed in this paper are mainly specific to men. A comparative study with South Africa is used to provide some recommended measures that Kenya can take in order to promote the achievement of this neutrality in implementation.