Journey to Justice: The Case of Penda

Background

In December 2019, Penda (not her real name) 16-year-old was sexually violated by their 21-year-old neighbour while her mother was away at work. Penda was mentally confused and did not know what to do or whom to tell her story. Penda explained to her mother the following day what had happened, but no action was taken. The mother did not know what to do or where to seek help from also. Penda stated that the preceding months she missed her monthly period, but this did not scare her since her monthly period was irregular and did not discuss with the parent.

In July 2020, Penda explained to her mother that she had missed her monthly period since the incident and she was having vaginal itchiness, her mother was concerned and discussed with a friend who told her that her daughter might be pregnant, and they should report to the chief. After reporting to the chief, they were referred to Athi River Police station where a defilement case was reported. The police officer from Athi river police station later referred them to the Nairobi women’s hospital for medical care and filling of documentary evidence.

 

INTERVENTION

Free medical services were provided; Examination showed a mass on her lower abdomen, laboratory test result showed that she was pregnant. Trauma counselling was provided, and she was later referred to expectant mother clinic for care and follow up.

0n 16.09.2020 GVRC doctor attended court to produce documentary evidence, but the accused person was not ready, on 01.10.2020 the doctor went again but the accused person had been moved to industrial area. The court was latter closed due to Covid pandemic. On 27.05.2021 the doctor attended and produced the GVRC documentation form, post rape care-PRC form and Police P3 Form of the complainant

A beautiful baby was born on 28.09.2020 and a DNA test was taken to confirm paternity, there was 99.99+% chance that the accused was the biological father.

The accused person was found guilty by court and was sentenced to 15 years imprisonment and the complainant was recruited to the teenage mother support group by the GVRC for empowerment.

Survivors must be provided with accurate information about where they can receive services to address their immediate and longer-term needs (e.g., health,

psychosocial, legal, economic, safety and security). They must be supported to access all aspects of the medico- legal system.

They should receive support to overcome barriers in reporting, including support for transport, support for free p3 forms, support for free legal advice and support through all steps of the investigation and any subsequent police case and they should not pay for GBV services and that P3 is free of charge

‘I was afraid to speak out about this incident because people will start asking me demeaning and annoying questions. Explained the mother

 

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