MEN IN THE SHADOWS: THE HIDDEN STRUGGLES OF MALE SEXUAL ASSAULT SURVIVORS

 

Image from Pexels by Cottonbro Studio

Sexual assault is any kind of sexual activity or contact that happens without the other person’s clear, voluntary, and informed consent. It includes a range of unwanted behaviors such as: unwanted touching, rape, attempted rape, sexual coercion, non-consensual sharing of sexual images and so on. Section 5 of the Sexual Offences Act expressly states that;

Any person who unlawfully penetrates the genital organs of another person with

(i) any part of the body of another or that person; or​

(ii) an object or instrument, except where such penetration is carried out for proper and professional hygienic or medical purposes;​

(b) manipulates any part of his or her body or the body of another person so as to cause penetration of the genital organs; or

(c) commits any other act which causes penetration or indecent act with another person,

is guilty of an offence termed sexual assault.

Sexual violence is rapidly permeating all sectors of our society, threatening to disenfranchise our society fabric. The times are changing and so are the forms of sexual assault which are rapidly metamorphosizing to include aspect not explicitly covered in our existing laws for instance development of non-consensual deepfakes using artificial intelligence to depict someone in sexual context. Judge Kiarie Waweru Kiarie, senior principal magistrate at the Kibera Law Court while talking about the omissions and ambiguities in the Sexual Offences Act stated “How low can a man sink, in this case a man means the male.  I am tempted to describe him as an animal but I’ll be falsely accusing animals.  In the animal kingdom, defilement does not exist except in only one animal; the stoat.  However, in the case of this animal the defilement is not meant for pleasure but for procreation and ensuring that one’s lineage does not become extinct.”     

Over the years the subject of sexual assault has been more often than not affiliated to women as the primary victims and males the perpetrators, a fact I do not desire to contradict. In fact, a 2022 report by Kenya Demographic and Health Survey (KDHS) stated that; 13% of women aged 15–49 have experienced sexual violence at some point in their lives, compared to 7% of men in the same age group. ​Despite the tiny disparity the question of sexual assault among males remains unspoken, overshadowed by the fervor surrounding other cases, the voices attempting to air it drowned in the clamor for the incidents of sexual assault surrounding females seen by most as a more pressing concern.

Rebecca Ratclife, writing for The Gurdian states that “Sexual abuse of boys is “barely addressed” by the laws in many countries, according to a global study that warns of a lack of support for young male survivors”. Most support system that are in place including legal aid are in most cases geared towards women. “Often this is bundled up into an issue of violence against women, and therefore it is catering to girls rather than boys,” said Katherine Stewart, a consultant for Economist Intelligence Unit, which produced the report. In June 2021, the government unveiled a zealous effort to end Gender-Based Violence (GBV) including sexual violence by 2026. It is worth mentioning that the approach concentrates heavily on violence against women. A UNICEF study stated that abuse among males is higher Kenya compared to the global percentage, the finding of the report was that two in every ten men experienced abuse in childhood.

It is generally assumed that sexual assault to boys is like a punch in the face, nothing serious and they will quickly recover and be over it. However, such instances are rare. Most male survivor, like their female counterpart, bare the scar of sexual assault for the greater part of your life. Just like Judge Kiarie Waweru Kiarie put it “Sexual offences leave a very bad taste in the mouths of the victims and of their close relatives. To some, unless properly counseled, they may leave permanent emotional scars.  These scars may affect not only how they relate with members of the opposite sex, but also how they may react to ordinary life circumstances.  They may at all times have an axe to grind with the society.”

The Standard Newspaper wrote an account of Francis Ouko (not his real name) a male survivor of male sexual assault in Nyanza. According to the repost Francis was now a fully grown man with a family which includes his son. However, the specter of the ordeal he endured over two decades ago continues to haunt him, its presence lingering in the shadows of his every thought, a constant reminder of the pain and torment he once faced. The trauma of being subjected to defilement by his uncle at a tender age of only 14 years. Francis narrates how for countless years his afflictions has been a top secrete in apprehension of stigma and prejudice, a common barrier to of male victims of sexual assault seeking help.

Upto the time of the report, Francis narrated that, safe houses for male victims of sexual assault and gender-based violence have not been established in Nyanza forcing survivors to heavily rely on private facilities which are not accessible to all because of the price tag. This underscores the shortcoming of the government and stakeholders and their central participation in perpetuating neglect in the effort to address male sexual abuse.

The newspaper report also captures the exposition of another male survivor Philip Owino (not his real name) who endured the harrowing stain upon his dignity in 2018 after finishing his high school studies and was just awaiting to join university to take up a course in nursing. He narrates “I was sexually assaulted by a friend after they spiked my drink. It was a terrible experience.” This led to him contracting HIV. Through happenstance, he was able to find a support group that helped him tread the path of restoration.

The endeavors of those involved in making things right for the victims of sexual assault has been impeded by one major stumbling block; the fact that most perpetrators are people known and even trusted by the victims. Mercy Simiyu, writing a column on The Nairobi News titled ‘Study: Ex partners, pastors, lead list of sexual offenders’ she quotes a recent study commissioned by the Kenya National Bureau of Statistics which states that, ‘70% of the sexual assault victims were assaulted by their current husbands/ intimate partners. This is followed by former husbands, then relatives which include fathers, step fathers and even brothers.’ Francis Ouko (from the Standard report) was caught up stuck in the same crossroad, torn between the urge to speak up and the fear of what might follow if he did. His biggest fear was if his own parent would buy in to his account since the perpetrator had a good standing in the community. “This was somebody I had respected and looked up to. A relative who was also a leader within the church,” he stated. This put most victims in a conundrum as most parent and guardians in most cases resort to firefighting mechanisms forsaking the pursuit of justice.

Furthermore, Kenya, being by large a conservative state, homosexual tendencies are considered an oddity. This leaves victims between a rock and a hard place since opening up becomes a heavy emotional weight to bear. This is because they risk opening a can of worms and putting one in jeopardy of being the laughing stock, being stigmatized and breaking up families. Francis Ouko for instance recounts that, “It was traumatizing. I always felt like opening up to someone but I had my reservations and feared that someone would judge me negatively.” He even proceeds to recount instances of heartbreak from past spouses on discovering about his defilement and the mental damage tied to it. Furthermore, some victims narrate being labelled as homosexuals, a tag that can easily warrant one being shunned like a plague in some circles, by their peers on learning about their ordeal.

For far too long, male survivors have suffered in silence; trapped by shame, ignored by society. The time is nigh that we shatter the illusion that males are forever the hand of harm, and never the victims of it. I implore upon stake holders, legislators and policy leads to adopt protective and preventive framework that is more inclusive in approach capable of taking into account both the male and female survivors. For instance, the Sexual Offences (Amendment) Bill 2023, introduced to parliament by Kisii Women Representative Dorice Donya, majorly strives to mandate the Ministry of Education to implement programs safeguarding the educational rights of victims, particularly those affected by teenage pregnancies. In as much as the bill also seek to enhance sexual offences among the public and the provisions are gender-neutral in language, its emphasis on issues like teenage pregnancies inherently centers on female experiences, potentially overlooking male survivors of sexual violence. ​

I in addition raise a clarion call to the general public to embrace male survivors by being empathetic and provide a safe space for all, ensuring that no one is left to suffer in silence. This would see to it that those affected are helped expeditiously since most survivors in addition to suffering mentally develop health related complication such as transmission of HIV. Individual should also come out to support established safe houses to enhance capacities so that as many survivors are able to get the much, needed refuge.

Authored by Winston Churchill, a student of law at the University of Nairobi Law Journal Parklands Campus.