A woman alleged to be promiscuous is not fair game for a rapist
High Court, Kenya
Judge Roselyn Aburili
GOR v Republic
In this appeal against sentence, Judge Aburili had before her a man convicted of rape, who had been sentenced to jail for 10 years. He wanted a lesser sentence and the probation officer urged that he be allowed out on probation.
The court had evidence that the community viewed the woman who had been raped as an alcohol addict and that, ‘Once drunk, she allegedly grabs any man within her reach.’
The judge said: From the evidence on record, it is clear that the victim, despite being described as a drunkard who preyed on men to have sex with her, she did not consent to having sex with the appellant at that time.
She was found semi-naked the next day, apparently dead, after an attempt had been made to strangle her.
Judge Aburili said: Although the Probation Report paints the victim as a loose woman who grabbed men demanding for sex whenever she was drunk, it is unfortunate that (GOR) could take advantage of (her) drunken state to rape her, leaving her unconscious. She did not deserve such orgy-like sexual encounter.
The judge added, Sex pests must be discouraged as women and children are vulnerable members of society and must be protected. A man who strangles a drunken woman and rapes her until she is unconscious cannot pretend to be well behaved in society.
(He) must be kept away from society for some time for the victim and her family to heal from the traumatic experience.
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