Consensual sex among teens can lead to jail

It was a strange case where both the boy and girl were minors, both below the age of consensual sex. The question before the court was who was to blame between the boy and girl both under 18 years.

The 17-year-old boy was challenging a defilement sentence of 15 years slapped on him for ‘defiling’ his girlfriend. “Whereas the law outlaws sexual acts with minors, where the offence involves the minors themselves, it would be in the best interests of justice for the courts to look at the conduct of the parties including how the complaint is filed so as to protect the boy child from discrimination. There is also need as stated by Justice Fred Ochieng to take stock of the effectiveness of the exual Offences Act since its enactment and the effect thereof,” Justice James Wakiaga ruled.