How sex pests easily get away with murder

When the musician Kemunto recently recounted her alleged rape, I was shocked to see so much victim bashing and shaming on Social Media, including questions about where, how and when. These reactions by Kenyans reminded me of what happened to my friend and colleague Jane (not her real name), a doctor who alleged she was raped by another doctor.

With Jane’s permission, I shared her story—albeit abstractly—in a professional group. I was appalled by the repeat of the classic script of victim-shaming and judging by many.

When a doctor is raped...

Sharing Jane’s story, however, created a forum for women doctors to share their own experiences of abuse: sexist remarks, soft coercive invites for coffee or dinner, inappropriate touching, obscene text messages, unwanted hugging, grabbing, pinching and brushing their breast, and rape.

Hearing other people’s stories brought back memories of being raped as a child. I was between the ages of 11 and 14 years when the two gang rapes and the ongoing sexual abuse by my cousin took place. Poverty, life in the slums of Kibera, my mother’s mental illness, and my family’s isolation from our extended family and the community, all meant that I had no recourse, and my perpetrators would never face justice. No one listened to me when I spoke out.

But compared to my teenage self, surely a prestigious doctor like Jane has mechanisms and structures of action. She can seek justice and has credibility and stature, just like I do now. Right? Wrong.

When the law won’t help

I told Jane I would help her get legal support. She refused, remarking calmly: ‘’Stellah I am not ready to be dragged into legal-fights which will flood me with hurtful memories over and over in addition to being judged by the society- the how, when, where, questions, I am not ready to answer.’’

If an educated woman like Jane doesn’t feel confident coming forward, what hope is there for everyday Kenyan women? And if the medical field – one where doctors swear to do no harm - is fraught with abuse, what hope is there for other industries? Further, the very fact that there are no records of sexual offense cases in the medical sector in the first place, raises questions on how such cases are handled.

We must change the way we process and investigate sexual offenses.

First, we need better reporting procedures that do not involve reporting to harassers. In Jane’s situation, for instance, the Human Resources contact to whom she would have been required to report, is a man who in the past has been accused of sexual harassment.

Instead, people must have multiple options for reporting, including a gender-balanced panel to receive and process any complaints or accusations of sexual misconduct. These gender-balanced teams should receive comprehensive training on what constitutes sexual harassment, be able to investigate a reported allegation and present comprehensive reports that would bring to light the sexual offenses in the healthcare industry.

Then, the process to collect evidence must be simplified. Right now, it is tedious and complex and a barrier for reporting. The complexity also makes it more likely for there to be errors in reporting.

In a struggling healthcare system with other competing priorities, healthcare workers tasked to fill out the post-rape care forms often leave critical gaps that can potentially obstruct justice for survivors as the cases risk being thrown out of court because of lack of sufficient evidence.

Having staff stationed at healthcare institutions serving specifically sexual assaulted patients will ensure that comprehensive reports are provided in line with recommendations and that the survivors get the help they need. We should also incorporate anonymous reporting options via a call line or SMS number.

Special courts

Lastly, the Judiciary could consider setting up a special court to offer the privacy lacking in the courts since as Jane pointed out, the constant public exposure during the case is traumatic, humiliating and damaging to not only the survivor but to his or her family.

We cannot continue burying our heads in sand, assuming all is well when these evils happen in our medical institutions-silently being recorded only in the minds of the survivors. Leadership in the healthcare field can help prevent the occurrence of sexual abuse and rape by increasing knowledge and awareness of these issues and promoting positive social attitudes on the importance of consent.

Men should be recognised as equal participants in these programmes while committing to serve as positive role models for other men to be intolerant of sexual abuses. Only then will we see a shift in the way we treat all women across Kenya—from the girls in the slums to medical doctors to celebrities.

Ms Bosire is the CEO of the Kenya Medical Association and a 2018 Aspen Institute New Voices Fellow.

Follow her at @Lasterbosire ‏