Government should drop defilement charges on minors engaging in consensual sex, court rules

[Ubongo]

@gashwin

And I know that perfectly well. My issue is where the minors break the law by mutual consent.

Most of us were, I was also initiated by slightly older girl than me. Boy child has really suffered feminism cards

[Grundy]

@FieldMarshal CouchP

That judge should be given a piece of @Thagicu.

Solomonic wisdom right there.

I have also proposed to my MP/cousin, Jonah, to move a bill in Parliament for statutory rape jail terms to follow an ‘algorithim’ - the difference in ages.

As in, if a 22-year old ‘rapes’ a 17-year old, the jail sentence should be their difference in age, just 5 years which means out in three with good behaviour. This will remove the stupidity where a 19-y.old is jailed for 15 years for ‘raping’ his 17-y.old galfren. Total BS.

Downside: At 66, if I ‘raped’ a 16-y.old Maasai dirty titties, I would then go in for 50 years, basically a life sentence…let me think again.

Wewe na the other early man sitamtaja are closet paedophiles

[system]

@FieldMarshal CouchP

I have decided not to answer the bipolar ‘bitch’. Yaani somebody is too stupid they can’t see that when two 16-year olds have consensual sex none should go to jail?

@FieldMarshal what is more bipolar? Me defending my gender or you who hates and denigrates his own race?

[system]

@Ubongo

Most of us were, I was also initiated by slightly older girl than me. Boy child has really suffered feminism cards

BooHoo!!! Cry me a river with your victim mentality!!! Men are soooooooo opressed they all just wanna jump off the bridge. Bullshit! Weak boys blaming women for their problems is what y’all are. Your forefaathers are turning in their graves right now

[system]

A kid has no right to have sex like I have no right to own a gun. Thats the first bone of contention. I dunno why all you brainwashed cultists must turn everything into a battle of the sexes. This is a legal debate not a debate about men’s imaginary opression you’re taught in that cult

[LowRider]

@GeorginaMakena

A kid has no right to have sex

Both of them are Kids, so either jail both or rehabilitate both. That is the essence of the judgment.

You are the one that was pushing for the boy to be held solely responsible and hence get punished.

@GeorginaMakena

brainwashed cultists

:rolleyes:

[system]

Is there a lawyer here to pitch in? Am not going to argue with brainwashed boys who are in cults who know only how to insult women and cry opression ! Shame on you, what kind of a weak man is opressed by a being who he is atleast 4 times stronger than.Bure kabisa. dont bring this man liberation cult to me ,I have no respect for men if you could even call them that who play victim. Legal minds please give us your input on consent among minors

[sodamadiaba]

@GeorginaMakena

A kid has no right to have sex like I have no right to own a gun. Thats the first bone of contention. I dunno why all you brainwashed cultists must turn everything into a battle of the sexes. This is a legal debate not a debate about men’s imaginary opression you’re taught in that cult

1.pwahahahagagyvsdvtgbb ati legal battle yet you fail to quote the section of the law that finds only the boy child culpable where both parties are underage.
2. Battle of sexes yet it was you who introduced the ONLY BOY is GUILTY angle.

[system]

A person consents if he or she agrees by choice, and has the freedom and capacity to make that choice.
Basically, consent is an expression of voluntariness and free will given by a person recognized by law as having the capacity which includes attaining the majority age and being of sound mind. The majority age inKenya is 18 years of which anybody below that age is regarded as a minor or a child.

Therefore a minor can not be regarded as having the capacity to consent to a sexual act. Hence, consent is not an element to beproved, neither is it a defence in defilement cases. This was observed by the learned judge in the case of
Bonu v R

where it was held that;-
A minor has no capacity in law to give informed consent to sexual relations, thus no matter how willing the minor mayhave been, any and all acts of sexual intercourse with persons proved to be below the age of 18 years amounts to anoffence.

In the case of R v Stephen Irungu Mutire

The accused was charged with the offence of defiling a minor aged 15 years old. As part of his defence, the accused alleged that what happened was not an act of defilement but an act of love in which, his testimony and that of his witness clearly proved the existence of a relationship between the accused and the complainant. The learned magistrate however, in finding the accused guilty of the offence held that:-
A minor cannot be taken to consent to a sexual activity even if the existence of a relationship between the Accused and the Complainant had been proved. though the Complainant had testified of going to the Accused person`s house twiceand had sexual intercourse, the law recognized that any person below the age of 18 years cannot give consent irrespective of the facts of this case.
It is therefore safe to conclude that consent is not an ingredient in defilement cases as what the prosecution should prove is that penetration took place and that the Complainant is under the age of 18 year

IF THE PARAMETER OF GUILT IS PENETRATION THEN WE ALL KNOW WHO DID THE PENETRATING OK???

[pamba]

@GeorginaMakena

This things are a deterrent so minors dont have sex and the boy is culpable and most likely to have pressurized the girl into sex. at that age boys are very sexually aggressive. Now with this ruling minors will go on rampage defiling one another. I mean this is victim blaming. Ive heard of even gang rapes in boys school like Maseno and Upper Hill ,why not in girls schools? This is a dangerous precedent this misguided woman has set

The first time I engaged into sex I was a minor ,seventeen with a girl fifteen whom I coerced into giving in nawewe ?

[Trina]

@GeorginaMakena

IF THE PARAMETER OF GUILT IS PENETRATION

It is not the only parameter. There are women who have been jailed for having sex with minor boys. Penetration is not the only thing that is looked into. Our law firm has handled such a case before. Its not as easy as you put it

[system]

Please let’s argue like we are in a court of law. Say you and I are in a fight then I hit you but leave no injuries but you hit me and leave visible bruises, what the court looks at is the evidence ok? The bruises are the evidence, the person who inflicted the bruises is guilty of inflicting grievious bodily harm, even if the other one started the fight.

[system]

@pamba

The first time I engaged into sex I was a minor ,seventeen with a girl fifteen whom I coerced into giving in nawewe ?

first kiss 18yo my boyfriend asked if he could kiss me and I said ofcourse you can so there was consent 26 on my wedding night soo it was his conjugal right

[system]

@Trina

It is not the only parameter. There are women who have been jailed for having sex with minor boys. Penetration is not the only thing that is looked into. Our law firm has handled such a case before. Its not as easy as you put it

Kindly quote the case and it must be a kenyan case. In Kenyan law sexual offenses bill, this is the only criteria, if a man forces you to have oral sex with him it cant be prosecuted in a court of law under our present constitution

[pamba]

@GeorginaMakena

first kiss 18yo my boyfriend asked if he could kiss me and I said ofcourse you can so there was consent 26 on my wedding night soo it was his conjugal right

During our days manzi was considered fifteen and above and you can’t expect akutongoze,akutolee suruali hata kama ako willing lazima utumie effort na ukora kama nitaweka kichwa tu ama namna gani @Guru ?

[system]

Our neighbours in the west ndio hawana jokes. Ata ukisingiziwa tu iyo ni 8 years na case aitaji witness sasa ukipeana mimba iyo ni kama umetukana maraga

[system]

@pamba

During our days manzi was considered fifteen and above and you can’t expect akutongoze,akutolee suruali hata kama ako willing lazima utumie effort na ukora kama nitaweka kichwa tu ama namna gani @Guru ?

Ati utaweka kichwa tuu? Kwani iko na shingo na mabega? I recall being hounded by a 20 something old guy when I was in class 5 telling me he loves me, mwingine was a coastarian classmate but much as I wasnt clear about what they even wanted I knew it wasnt good for me so I avoided them. I remember the first time the 20 something yo approached me I was so disturbed that I couldnt sleep, I was very innocent, even in high school I had a bf and he would only hold my hand huyo boy he broke his virginity at 18. so nikiskia mambo ya primary nashindwa when did these pple get exposed to all this? I can assure you most people I know walifikisha 18

[gashwin]

@Grundy

Wewe na the other early man sitamtaja are closet paedophiles

brary shoopit! i am talking of when i was a minor too!

[Trina]

@GeorginaMakena

Kindly quote the case and it must be a kenyan case. In Kenyan law sexual offenses bill, this is the only criteria, if a man forces you to have oral sex with him it cant be prosecuted in a court of law under our present constitution

I am out of the office but it made some headlines here is a link

http://kenyanewsagency.go.ke/en/woman-jailed-20-years-for-defiling-a-15-year-old-boy/

[pamba]

@GeorginaMakena

Ati utaweka kichwa tuu? Kwani iko na shingo na mabega? I recall being hounded by a 20 something old guy when I was in class 5 telling me he loves me, mwingine was a coastarian classmate but much as I wasnt clear about what they even wanted I knew it wasnt good for me so I avoided them. I remember the first time the 20 something yo approached me I was so disturbed that I couldnt sleep, I was very innocent, even in high school I had a bf and he would only hold my hand huyo boy he broke his virginity at 18. so nikiskia mambo ya primary nashindwa when did these pple get exposed to all this? I can assure you most people I know walifikisha 18

Naongelea secondary ,primary hapana ,the worst I’ve ever done is impregnating a class eight girl while I was in form four ,niliona shida sana that’s why I never shy teaching my kids about sex education ,my second born a girl aged thirteen ako class eight.