This archive report was first published on 6 November 2019.
On November 6, 2019, a thought-provoking article highlighted the importance of consent in Kenya, sparking a necessary discussion about its definition and implications.
Consent is often misunderstood, with some people believing that a woman who goes home with a man after a night of drinking has consented to sex. Others think that a woman who dresses in short or tight dresses is hinting at willingness to have sex.
However, consent is a grey area whose boundaries people push in pursuit of their depravity, or in defence of it. According to the Sexual Offences Act, consent means permission voluntarily and consciously given in full knowledge and acceptance of consequences.
Withdrawal of consent means the person is not willing to accept any outcome or consequence of sex and at that point, continuing with sex becomes a violation of their person.
Here are a few signs that consent has been denied:
- Saying No: If a person says no to sexual intercourse, their decision must be accepted and respected. Ignoring this turns the situation quickly into a rape case.
- Being Under the Influence: Consent needs to be given voluntarily and consciously. A person who is drunk is unable to consciously give consent.
- Being Underage: By law, the age of consent in Kenya is 18 years. This means that no matter how big-bodied or mature-sounding a person is, they cannot legally give consent.
- Having to Intimidate or Coerce a Person: Intimidation and coercion means obtaining consent through use of threats of harm, or inducing other fears like loss of opportunities.
- Having a Mental Impairment: Persons with mental impairments are not able to communicate effectively. Their speech is not coherent, and they cannot understand a situation and consciously agree or disagree.
It is essential to understand what consent is and how it can be withdrawn. Perhaps if we understand what consent is, fewer people will be violated.
