Minors, sex and the law: rethinking the regulation of consensual sex between minors in Kenya

Simple item page
dc.contributor.authorKigen, Tracy Jerop
dc.date.accessioned2018-11-13T09:56:22Z
dc.date.available2018-11-13T09:56:22Z
dc.date.issued2018
dc.descriptionSubmitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law Schoolen_US
dc.description.abstractAccording to the Sexual Offences Act of Kenya (2006), minors cannot consent to sex. Any act of sex with a minor is deemed defilement, a strict liability offence, punishable by law. This provision in law was aimed at protecting minors against sexual abuse, especially by adults. Today, minors are having sexual relations with each other claiming consent and voluntariness. However, the courts have maintained a similar position to the law that a minor cannot consent to sex. Thus, consensual sex between minors is unlawful. This has left minors who are caught participating in consensual sex with each other charged of the offence of defilement and subjected to judicial proceedings. The general objective of this study is to examine the appropriateness of the law as a mechanism to regulate early adolescent sexual activities. This study also seeks to establish a deeper understanding of adolescent sexual behaviour and the need to regulate it. It suggests that criminal law can be a powerful tool in protecting children against sexual abuse by adults. However, by examining the deterrence and retributive theories of punishment, criminal law fails to be effective in preventing minors from engaging in sexual activities with each other.en_US
dc.identifier.urihttp://hdl.handle.net/11071/6145
dc.language.isoenen_US
dc.publisherStrathmore Universityen_US
dc.subjectMinorsen_US
dc.subjectSexen_US
dc.subjectLawen_US
dc.subjectKenyaen_US
dc.titleMinors, sex and the law: rethinking the regulation of consensual sex between minors in Kenyaen_US
dc.typeDissertationen_US
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
Minors, sex and the law - rethinking the regulation of consensual sex between minors in Kenya.pdf
Size:
16.77 MB
Format:
Adobe Portable Document Format
Description:
Undergraduate project
Download
License bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
license.txt
Size:
1.71 KB
Format:
Item-specific license agreed upon to submission
Description:
Download
Collections
LLB Research Projects (2018)