Analyzing the boundaries between mutual matrimonial consent and marital rape in Kenya

Abstract

This research investigates the insufficient legal protection for victims of marital rape in Kenya, despite existing legislation on sexual and domestic violence. Notably, marital rape is not criminalized, hindering access to justice and support for victims. Utilizing a legal doctrinal approach, the study will analyze legal texts and case law to identify inconsistencies within the framework that enable this inadequacy. Additionally, international legal instruments and studies from jurisdictions such as South Africa with established approaches to marital rape will be considered to draw potential best practices. The research aims to inform policymakers and legislators in creating evidence-based legal reforms, empower NGOs advocating for victim rights, and guide healthcare professionals in supporting survivors. Ultimately, it seeks to contribute to a legal and social environment where everyone, regardless of marital status, has the right to bodily autonomy and is free from sexual violence.