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Towards the legal protection of married women: Combating and criminalising marital rape in Kenya
This dissertation addresses the most neglected form of sexual violence in Kenya - marital rape. Drawing from prevailing statistics and testimonies by survivors, it confirms the existence of marital rape in Kenya and delves deeper into the prevailing social and legal dynamics that condone it. On exam...
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| Format: | Thesis |
| Language: | English |
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Department of Private Law
2020
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| _version_ | 1867613263748923393 |
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| access_status_str | Open Access |
| author | Guantai, Liz |
| author2 | Barratt, Amanda |
| author_browse | Barratt, Amanda Guantai, Liz |
| author_facet | Barratt, Amanda Guantai, Liz |
| author_sort | Guantai, Liz |
| collection | Thesis |
| description | This dissertation addresses the most neglected form of sexual violence in Kenya - marital rape. Drawing from prevailing statistics and testimonies by survivors, it confirms the existence of marital rape in Kenya and delves deeper into the prevailing social and legal dynamics that condone it. On examining the existing legal framework governing sexual violence in Kenya, the finding is that there is no law that explicitly criminalises marital rape. Marital rape is a human rights issue as it curtails women‟s enjoyment of their right to equality and dignity. This dissertation argues that Kenya has a duty to honour her State obligations under international human rights law to respect, protect and fulfill human rights. The dissertation concludes that by not criminalising marital rape, Kenya has failed to satisfy her treaty obligations under International Human Rights Law. The dissertation further draws insights from other jurisdictions‟ legal responses to marital rape through a comparative study of South Africa, India and Australia. The main recommendation of this dissertation is that Kenya should explicitly criminalise marital rape in order to respect, protect and fulfill her human rights obligations pertinent to women. Moreover, it is recommended that a comprehensive response to marital rape requires the State to embrace both legal and extra-legal reforms that will not only criminalise but ultimately combat marital rape in the long term. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/31812 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:21.255Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | Department of Private Law |
| publisherStr | Department of Private Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/31812 Towards the legal protection of married women: Combating and criminalising marital rape in Kenya Guantai, Liz Barratt, Amanda Private Law This dissertation addresses the most neglected form of sexual violence in Kenya - marital rape. Drawing from prevailing statistics and testimonies by survivors, it confirms the existence of marital rape in Kenya and delves deeper into the prevailing social and legal dynamics that condone it. On examining the existing legal framework governing sexual violence in Kenya, the finding is that there is no law that explicitly criminalises marital rape. Marital rape is a human rights issue as it curtails women‟s enjoyment of their right to equality and dignity. This dissertation argues that Kenya has a duty to honour her State obligations under international human rights law to respect, protect and fulfill human rights. The dissertation concludes that by not criminalising marital rape, Kenya has failed to satisfy her treaty obligations under International Human Rights Law. The dissertation further draws insights from other jurisdictions‟ legal responses to marital rape through a comparative study of South Africa, India and Australia. The main recommendation of this dissertation is that Kenya should explicitly criminalise marital rape in order to respect, protect and fulfill her human rights obligations pertinent to women. Moreover, it is recommended that a comprehensive response to marital rape requires the State to embrace both legal and extra-legal reforms that will not only criminalise but ultimately combat marital rape in the long term. 2020-05-06T12:13:04Z 2020-05-06T12:13:04Z 2019 2020-05-06T01:40:46Z Master Thesis Masters LLM https://hdl.handle.net/11427/31812 eng application/pdf Department of Private Law Faculty of Law |
| spellingShingle | Private Law Guantai, Liz Towards the legal protection of married women: Combating and criminalising marital rape in Kenya |
| thesis_degree_str | Master's |
| title | Towards the legal protection of married women: Combating and criminalising marital rape in Kenya |
| title_full | Towards the legal protection of married women: Combating and criminalising marital rape in Kenya |
| title_fullStr | Towards the legal protection of married women: Combating and criminalising marital rape in Kenya |
| title_full_unstemmed | Towards the legal protection of married women: Combating and criminalising marital rape in Kenya |
| title_short | Towards the legal protection of married women: Combating and criminalising marital rape in Kenya |
| title_sort | towards the legal protection of married women combating and criminalising marital rape in kenya |
| topic | Private Law |
| url | https://hdl.handle.net/11427/31812 |
| work_keys_str_mv | AT guantailiz towardsthelegalprotectionofmarriedwomencombatingandcriminalisingmaritalrapeinkenya |