By Fida Kenya
I am married to a woman who is very short-tempered and who occasionally embarrasses me by beating me up. I grew up in a peaceful family and the thought of slapping her back is just not right with me. What legal action should I take?
A: Spousal abuse is commonly referred to as domestic violence. It is common with both urban and rural families. Worldwide research shows that domestic violence is found in every socio-economic group, ideology and class.
Spousal abuse is still unlegislated, specifically in our country. This is not to say that efforts have not been made to put in place laws to address the glaring need. Despite the fact that Kenyan laws do not sufficiently protect victims of domestic violence, spousal abuse is treated as assault within the general criminal law under the Penal Code, Chapter 63 of the Laws of Kenya. Therefore, there are laws that could still be used successfully to bring perpetrators of violence to justice.
The challenge, however, is with regard to reporting of the crime. Not many survivors are willing to report, which is an impediment to successful intervention.
The first step one needs to take when experiencing domestic violence is to report to the police so that they can institute the necessary investigations and issue relevant charges against the accused.
Once someone makes a report, he or she is given a P3 form to be filled by a Government doctor. This is very important especially in cases of actual bodily harm having been suffered by the survivor.
The complainant will then return the form to the police station. One should always ensure they retain a copy of the P3 form. The police will then institute investigations and charge the accused person accordingly.
The challenge with domestic violence is that it is usually a crime that takes place in privacy and, therefore, more often than not lacks evidence to corroborate the testimony of the complainant. This, however, can be addressed by circumstantial evidence and testimonies of experts, who can be called to testify in court. In your case, report to the nearest police station so the matter can be dealt with as it is a crime.
