“If You Are Raped, You Are Like Secondhand”: Systemic Barriers to Reporting Sexual Violence Against School-Aged Girls in a Rural Community in Kenya

Abstract

Sexual violence among school-aged girls is a global health problem. Research has shown that school-aged girls experience high rates of sexual violence that often go unreported. In Kenya, one in three girls experiences sexual violence before the age of 18. Sexual violence against girls can prevent them from safely attending school and cause health issues that affect school performance. This qualitative study explored community and environmental factors associated with sexual violence against school-aged girls in Kitui County, Kenya. A total of 25 in-depth interviews were conducted with key stakeholders from Kitui South Sub County. The stakeholders were from six sectors, including the police, health, education, community, religious, and criminal justice sectors. The data were analyzed using conventional content analysis to gain an understanding of the stakeholder’s perspectives and knowledge relating to sexual violence against school-aged girls. Stakeholders frequently identified the criminal justice system, culture and traditional beliefs, and threats to well-being as barriers to reporting sexual violence offenses. Girls who experience sexual violence often contend with shame from the community, and the effects of stigma include loss of resources, additional violence, poorer marriage prospects, unplanned pregnancies, school dropouts, or abandonment. Perpetrators often threatened or bribed the families of girls who experienced sexual violence with gifts or monetary incentives to prevent them from reporting the crime to local authorities, while the criminal justice system itself presents numerous challenges for victims. The reporting of sexual violence could be increased by focusing on intervention strategies that challenge attitudes, norms, and behaviors rooted in gender inequality. By addressing the underlying causes of stigma and inequality, we can create a safer environment for school-aged girls to report sexual violence and seek justice.

1. Background

1.1. Introduction

Sexual Violence in and around schools is increasingly acknowledged as a global problem with long-term negative consequences [1] The fifth goal of the 2030 Sustainable Development Goals (SDGs) focuses on gender equality, with a specific target of eliminating violence against all girls and women, including sexual violence [2]. Despite this, the world will not achieve gender equality by 2030, with estimates stating it will take 286 years to reach legal protection. While violence against women is present across the world, the types and levels of violence can vary [3].

1.2. GBV in Kenya: Historical and Cultural Context

In most African societies, Kenya included, violence is gendered and culturally patterned [3]. Sexual and gender-based violence (SGBV) is based on unequal relationships and gender norms [4]. SGBV can take many forms, including but not limited to sexual violence, physical violence, socio-economic violence, domestic violence, and other practices like child marriage [4,5]. The secondary status of women in Kenya is informed by patriarchy and colonial history, where men benefit from unequal power distribution and feel entitled to control women [6,7]. Modern-day protests in Kenya focus greatly on the pervasive issue of femicide and how women are often shamed or seen as responsible for the violence perpetrated against them [8]. While this issue goes beyond just young girls, this urgent epidemic of violence heightens the importance of investigating barriers to receiving justice for girls.

In order to best understand Kenya’s legal system in relation to traditional cultural beliefs, it is important to use the historical foundation of colonialism and the institution of British beliefs, including the Common Law System and the British hierarchy of gender [9,10]. The pre-colonial status of women in Kenya was one of relative freedom and power, with some communities having varying levels of male dominance [11]. Women held essential, unalienable roles in their societies and economies through skilled activities such as herbalism, harvesting crops, building homes on communal land, brewing beer, and leading trade bartering, all while still fulfilling the duties of wives and mother [6,11,12,13]. Justice systems in the pre-colonial era were rooted in community harmony [14]. Female chiefs and elders were not uncommon either, but this ended with colonial imposition [6,11,15]. The 18th century ushered in the occupation of colonial forces, economic upheaval, missionary activity from Christians and Muslims, and increased demand for enslaved women [10]. Missionaries specifically helped lay the foundation for colonial rule, as their imposition of European religion and education aimed to benefit the colonists [11,15].

The British implemented a new political structure that was easier to manage by moving power and officials out of local governments and villages [16]. This decreased the accountability of officials and the public’s faith in their government. This facilitated and normalized corruption and enforced the idea that the government served foreign interests instead of its own people. The British also separated people by ethnicity, which led to competition, ethnic strife, and conflict that has persisted to this day [16]. The impacts of colonization on local culture resulted in altered traditions that mimicked European norms, thus continuing this new system generation after generation [11,15]. The continuation of colonialism’s impact on traditional justice systems can be seen today, especially in rural areas, as a colonial dual legal system was instituted that utilized European practices based on their common law while recognizing native courts managed by local chiefs [11,15]. British tradition did not align with Kenyan tradition but persisted in official institutions. Because current law and legal processes differ from pre-colonial cultural and societal norms, especially in more rural communities, many people adhere to customary laws based on tradition, which dictate norms around family, including matters of marriage and divorce, inheritance, custody, and land ownership [6,15,17]. Legal processes for sexual violence against girls often prefer out-of-court settlements using traditional justice methods, which keep family structures intact and avoid long jail sentences and other public shame and stigma [18]. Poverty often motivates this practice, and sometimes, the families themselves put girls into situations of sexual violence for transactional sex in order to meet material needs and increase income [19].

1.3. Prevalence and Impact

In Kenya, sexual violence against girls (under the age of 18) is estimated to be 32% [20]. Other studies estimate the prevalence of rape for girls to be between 6 and 25% annually [21]. Sexual violence against girls can prevent them from safely attending school and cause health issues that affect school performance [22]. The lack of education associated with not being able to attend school correlates with low socio-economic status and gender inequality, which contributes to levels of sexual violence against women and girls.

1.4. Systemic Barriers to Justice and Support for Sexual Violence Survivors

Despite commitments made by the Kenyan government and promising practices, sexual violence against girls remains rampant, especially since the pandemic [23,24]. The uptick in violence has revealed a deeper and more systemic issue in Kenya, as femicide is commonly the tragic outcome of recurring patterns of sexual or physical violence, which is perpetuated by societal norms that uphold notions of male dominance and authority over women [24]. Human Rights Watch (HRW) reported that the Kenyan government has failed to support victims of sexual violence, especially during COVID-19; movement was limited to prevent the spread of infection, causing many to be stuck in their homes and face increased domestic abuse. Additionally, assistance funds were mismanaged and inaccessible, and the little shelter available was rendered ineffective due to staff not being considered essential workers, and curfews were violently enforced [25]. The pandemic forced people into their homes, and as noted in the UNODC and UN Women report on femicide, the home is the most dangerous place for women and girls [26]. Extreme violence against women and girls, accompanied by a lack of accountability, impunity, and few services for survivors, has been an ongoing struggle [25]. Kenyans lack access to timely, quality, and comprehensive medical treatments, victim protection services, mental health care, financial assistance, and the proper investigation and prosecution of cases. HRW found that many women lived in vulnerable positions of poverty and did not report the abuse due to cultural norms such as the belief that they would have to pay bribes they could not afford or that they would not receive help. Additionally, reporting abuse by a family member, such as a father or husband, puts women at risk of financial instability or additional retaliation and conflict [18].

1.5. Legal Frameworks and Their Limitations

In recent years, Kenya has made efforts to enhance its legal framework, as exemplified by the enactment of the Children Act of 2022 [19]. This legislation acknowledges the fundamental entitlement of every child to be safeguarded against various forms of mistreatment, neglect, detrimental cultural customs, acts of violence, inhumane treatment, and punishment, as well as hazardous or exploitative labor [27]. According to the Centre for Rights Education and Awareness [28], the Sexual Offenses Act of 2006 represented a significant and transformative shift in the societal and legal landscape around sexual assault. This legislation introduced stringent penalties for various criminal acts. The minimum prison sentence for charges of rape and sexual assault is ten years, without any exceptions. Defilement, a term used to describe engaging in sexual activity with a minor, has more severe penalties based on the child’s age. The minimum sentence for the defilement of children aged 16–18 is 15 years, whereas the minimum penalty for the defilement of children aged 12–15 is 20 years. The ultimate consequence for the defilement of a child below the age of eleven is a sentence of life in prison. For these laws to be effective, the judiciary and executive branches must maintain and implement the law. The efficacy of minimum sentencing laws in deterring criminals is limited, as there exists a lack of substantial empirical evidence substantiating their ability to reduce violence rates and enhance conviction rates [29]. This is particularly true without comprehensive reforms and adequate support for victims.

1.6. Theoretical Frameworks

This paper is grounded in an intersectional feminist perspective; however, two additional theories enhance the understanding of the structural barriers to reporting, which are shaped by both cultural and environmental factors. Feminist theory often uses gender as the primary lens of analysis and was therefore one of several theories that informed this study [30]. Gender dynamics are critical for understanding; however, there seemed to be too many competing variables to limit the focus to gender alone. The theoretical approaches relevant to the framing of this study are resource theory and exchange/social control theory in addition to a feminist, intersectional approach [31,32,33,34,35,36,37,38,39,40]. Resource theory is a framework for understanding power dynamics in relationships, specifically family systems. It posits that resources, such as education, income, employment status, or social connections can influence the use or acceptance of violence as a tool to gain resources [30,39]. Exchange/social control theory was applied to the use of violence in the domestic sphere; it integrates two existing theories to explain how the risk of violence increases when both the cost of perpetrating violence is low, and the social controls do little to deter and punish perpetrators [36,37]. Lastly, feminist theory with an intersectional approach posits that women’s experiences are shaped by several intersecting factors [33]. An intersectional feminist lens helps to understand violence against young girls by examining how overlapping systems of oppression—like gender, age, class, and cultural context—shape their vulnerability, access to support, and barriers to justice. By incorporating various theoretical perspectives, this study is better equipped to thoroughly explore this phenomenon.

1.7. Study Focus

Violence against girls and women in Kenya has deep roots, and many systemic barriers exist to receiving justice. This qualitative study aimed to explore community and environmental factors associated with reporting sexual violence against school-aged girls (under age 18) in Kitui County, Kenya, and hopes to highlight barriers to reporting sexual violence against school-age girls and facilitate the development of intervention strategies that can effectively address these barriers.

2. Methods

2.1. Study Location

The study was conducted in two rural districts of Kitui South Sub-County, Kenya: Ikutha and Mutomo. This location was selected due to the prominence of social and economic challenges associated with an increased risk of sexual violence. Kitui County has a high poverty index of 63.5%, significantly higher than the national level of 45.9% [41]. Additionally, reports of high rates of teen pregnancy among students and incidents of sexual exploitation in schools have raised concerns, prompting political leaders to call for research and action to address these issues [42]. These factors made Kitui South Sub-County an ideal setting for investigating the dynamics of sexual violence against school-aged girls.

2.2. Data Collection

We partnered with a local non-governmental organization (NGO) to assist with participant recruitment across various sectors. The research coordinator, who had established partnerships and prior experience conducting qualitative research in the region, facilitated this process. Potential participants who met the inclusion criteria were invited to contact the research team for further details and to express their interest in participating. Following the initial recruitment phase, snowball sampling was utilized to identify and recruit additional participants. Existing participants were encouraged to refer others within their networks who met the inclusion criteria, ensuring representation from diverse sectors and professional experiences. In total, 25 in-depth interviews were conducted with stakeholders from six sectors: education, health, law enforcement, religious, criminal justice, and community. Participants ranged in age from 18 to 65 years. The education sector included one school principal, one primary school teacher, two high school teachers, and one county director. The health sector comprised one community health worker, one medical doctor, one clinical officer, one social worker, and one nurse. Law enforcement participants included one officer commanding the station, one district county commissioner, and one police officer. The religious sector involved a priest, a pastor, and an imam. The criminal justice system was represented by two senior magistrates, one court clerk, a prosecutor, and an administrative journalist. Finally, the community sector included one women’s leader, a community health volunteer, a local businessman, and a community leader.

The interview protocol utilized a semi-structured format with 22 open-ended questions and probes, developed based on a literature review of sexual violence against school-aged girls. Demographic information was collected after the interview. All participants were provided with detailed information documents outlining the study’s objectives, procedures, potential risks, and benefits. They were given the opportunity to ask questions before providing informed consent. Written consent was obtained from each participant prior to the interview, and participants were informed that their participation was voluntary and that they could withdraw from the study within a year without incurring any negative consequences.

Interviews were conducted in both Kiswahili and English, based on the participants’ preference, by two trained qualitative researchers to ensure consistency and cultural sensitivity. Responses in Kiswahili were later translated into English by bilingual research assistants with expertise in qualitative research, and the transcripts were checked for consistency between the original and translated versions. Interviews ranged from 35 to 85 min, with an average duration of 45 min. All interviews were audio-recorded using digital recorders and transcribed verbatim by trained transcriptionists. To protect participant confidentiality, all audio and text files were securely stored on encrypted, password-protected devices, accessible only to authorized members of the research team. Ethical approval for this study was obtained from the Institutional Review Board (IRB) (Protocol #1252) and the AMREF Health Africa Ethics and Scientific Review Committee (ESRC P567/2018).

2.3. Data Analysis

Thematic analysis, a qualitative approach well suited for exploring under-researched topics with limited existing literature [43], was employed as the primary method for analyzing the data. This method was chosen for its flexibility and ability to provide a rich, detailed account of the data, allowing for the identification of patterns and themes that capture the nuanced perspectives of stakeholders. To facilitate this process, the research team utilized NVivo^TM 14, [44] a qualitative data analysis software, to organize, code, and analyze the data systematically.

The research team began by immersing themselves in the data, reading each transcript multiple times to gain a deep understanding of the participants’ viewpoints and experiences. Initial coding was conducted independently by each team member to ensure diverse interpretations and minimize bias. The team then convened to compare and discuss their codes, working collaboratively to refine and align them with the study’s objectives. Through an iterative process, significant statements and recurring ideas were identified and assigned appropriate codes, which were then organized into an initial coding scheme. As the analysis progressed, codes were grouped into broader themes that reflected the central patterns in the data. Subthemes were subsequently developed to further organize and refine these codes into meaningful clusters, ensuring a coherent and structured representation of the stakeholders’ perspectives.

This rigorous and reflective process allowed the research team to construct a comprehensive thematic framework that accurately captured the complexities of the barriers to reporting faced by school-aged girls in the context of sexual violence. The thematic analysis provided a detailed and nuanced understanding of the stakeholders’ perspectives, contributing to a deeper exploration of systemic barriers.

3. Results

Three major themes (Figure 1) emerged: (a) the criminal justice system, (b) culture and traditional beliefs, and (c) threats to well-being.

3.1. Criminal Justice System

These are barriers relating to the legal system and related official processes.

3.1.1. Minimum Sentencing Laws

One of the barriers that participants raised was having minimum sentencing laws, meaning that a convicted perpetrator must serve a sentence with no modifications. They shared the following:

“For men, the sentences are not one year or two; sentences depend on the kid’s age. If the kid is below 10, that is life imprisonment; between 10 and 15, that is not less than 20 years. Then, 15 to 20, not less than ten years. The moment you get out of that prison, you’ll have died a long time ago. You may not find even your family, so you tread carefully and leave the kids alone.”

—Criminal Justice Sector

A participant noted the strict nature of the sentencing, saying:

“The penalties are very strict, given the Sexual Offenses Act. In the court, we have had people right here jailed for twenty-seven years. We had somebody jailed for life imprisonment. We have people jailed for ten years, twelve years, there was somebody who was jailed for forty-eight years, so the penalties, once there is a conviction, there is no doubt about the penalties, they are stiff, and they are always without a fine.”

—District County Commissioner

A participant highlighted their observation about what they see as complications arising from having strict minimum sentencing laws and the motivation this has on the circumvention of the criminal justice system by the community:

“When people hear that their person has been raped, they will go to bribe the girl’s family so that they are not reported because the minimum is 15 years, so they go and intervene. I have seen a family spend around two million shillings to silence the case completely. They even bribe the police and the magistrate.”

—Health Sector

3.1.2. Police Insensitivity

Participants reported on the unprofessional way police officers and other officials may humiliate and disgrace victims, take bribes, or interfere with justice for victims.

“The police here are very rough; they don’t understand how to handle these girls. These [police] here are very harsh. They will embarrass you… Nowadays, the lady who is [at the police station] is horrible. She does not listen; she just likes taking bribes, and she is not serious. You would talk to her today, and then tomorrow, she is against you. She does not want to see you. So, what does that tell you? She was bribed, and the girls are suffering here without anyone to help them.”

—Health Sector

They also complained about insufficient services or a lack of education on supporting or protecting victims. Several participants share how this is a barrier to reporting:

“You know, one problem we have here is that we don’t have a children’s department or children’s officer. In court, we don’t have a protection box…we need to have professional counselors employed by the judiciary.”

—Criminal Justice System

“If the case has loopholes, then it will be thrown out, and many times, the loopholes are created by the police because they know the essence of watertight evidence, so depending on your status in society, they may be able to interfere with it. Matters involving girls and matters involving women are best handled when they have a female officer. Many times, the gender desk does not have somebody to manage. Many of the reporting is interfered with, within the police level.”

—Law Enforcement Sector

3.1.3. Bail Practices

The participants explained how Kenya’s bail system often allows perpetrators to be released on bail. Communities or individuals can crowdfund the money to help even the poorest offenders get out of jail. They said:

“A man raped a girl, she became pregnant. Now, after becoming pregnant, we took the man to the police. He was arrested and then taken to court. But now, because of the law, he was released on bail of 500,000 shillings. The man was poor, but now people teamed up and contributed the money for the man to be out.”

—Religious Sector

“It was mad; the parents wanted to bury the teacher alive, but he was in police custody, but after a few weeks, he was out on cash bail. One million cash bail, and he was out. I actually saw him yesterday.”

—Health Sector

These bail practices then allow released perpetrators to threaten victims or impede the justice process:

“What I think can be done better is to delay bonds given to the perpetrators because when some of them are released on bond, they go outside to threaten the victims, and they end up withdrawing the cases because the court only relies on the words of the victim.”

—Criminal Justice Sector

3.1.4. Medical-Legal Linkage

Participants discussed how the complicated medical–legal process is a hindrance to girls reporting cases of sexual violence and seeking justice. It often involves multiple steps, such as filing police reports, undergoing medical examinations, and testifying in court, which can be overwhelming for victims and thus prevent reporting. Participants from many sectors shared the following:

“You find many girls who are raped go first to the hospital; they should go to the police first, who should refer them to the hospital, but here they go the other way around. You could find them wasting a lot of time in the hospital queuing, even if they don’t want to report. They don’t want it to be known if someone asks what brought them to the hospital. Even after getting there…there is a form one has to fill out first, the P3 form. If not filled well, it can destroy everything in court, and that’s where people mess up.”

—Health Sector

“[The victim] should report to the parent, who will then report to the chief, who then reports to the police. The hospital examines and confirms that she was truly violated, and if the perpetrator is known, then he is arrested and arraigned in court, and there must be enough evidence because everyone has his right to have his crimes explained to him.”

—Criminal Justice Sector

While evidence is a necessity in this process, it can be challenging to collect:

“For instance, here in our hospital, when a [patient] presents to the hospital at night, they wait to be assisted until the morning. The only test we do run is the HIV test, but all these other tests, like the vaginal swabs and STI screening, are not to be done at night, so that way, I will say that we need to improve on that because this is the biggest facility in this area and if we cannot do that then that means that the smaller facilities are doing much worse.”

—Health Secto

Furthermore, there is the potential that the staff throughout this difficult process may choose to defy protocols:

“In the past, we have had rogue clinicians who deliberately, after being induced, decided to turn and talk about nothing seen, no nothing, in that case. Therefore, you cannot go arguing with the doctor or the clinician because those are the experts, and it is the expert who is supposed to provide evidence and subsequent advice for this matter to be taken to court. So, when there is nothing from the clinician, then the matter cannot go to court.”

—Education Sector

3.2. Culture/Traditional Beliefs

These are barriers relating to traditional beliefs and actions taken by the community and families.

3.2.1. Keeping Families Together

Participants talked about the complicated dynamic of abuse within the family and the reluctance to report in order to shield abusers. Not reporting sexual violence within the family keeps the family structure together and protects the individual who perpetrates the crime. They explained:

“Most young girls and women experience sexual violence within their families. Even now, as I talk, I am handling a case where a father has been raping his own daughter, but the mother has been quiet, and she knew this was happening until the family members now reported it. Now it became a case, but the mother was protecting the husband, so most of them start at home.”

—Health Sector

Participants highlighted the delicate family relationships that complicate reporting:

“You know, a mother may know that this abuse is happening, but she remains mum first of all to protect the husband; number two, she remains mum so that she can protect the marriage. That is why most of these people stay mummed, to save the husband, to save the marriage.”

—Criminal Justice Sector

“The dilemma that parents or mothers of the victims face is the difficulty of sending their spouses, brothers, or whoever relative assaults their daughters to jail. So, most of the time, they end up staying in the same house with the perpetrators. Even if cases are reported to the police, they still end up withdrawing the cases. Some parents do not report such cases if they find out that the perpetrator is their close relative.”

—Health Sector

3.2.2. Lack of Decision Making

The family and community generally influence the victim’s decision-making authority. Participants describe how young victims lack empowerment and are unable to advocate for themselves and make independent decisions. The family’s and the community’s decision not to report is a barrier. Some participants said:

“You can find a chief handling a case of rape, which he should not be handling, and people tend to trust them, but they protect those issues completely, like “let’s settle in the family.’’ The girls don’t have that power to report; they just sit and assume it is okay. It’s not like a big issue to her.”

—Health Sector

The lack of girls’ power is not just a societal norm; it is part of the legal reporting process:

“Even when it comes to the law, there has to be somebody who is complaining: so, if the parent is not making a formal complaint, the teacher in school will tell them to give a report. So, for them to succeed in making a follow-up complaint, they have to involve the parents. The parents sometimes do not want to, and even the administrative offices sometimes discuss those issues, so they remain silent… so there are a lot of issues in the matter, and many of our girls have suffered.”

—Education Sector

“If there is a direct blood relationship, these cases will be solved at family and community levels… It is just by talking; there is no justice for the victim, the community finds a way of solving the problem, but it does not give justice to the victim; it is just a way of covering things up and hiding the mess…it is upon the parent to either take action or not, the girl has no capacity to prosecute their cases or to follow up with cases once they have been reported.”

—Community Sector

3.2.3. Shame to Family

Participants discussed the various ways in which sexual violence can tarnish the reputation of one’s family and how neither the victim nor the perpetrator is immune from the consequences. Participants expressed:

“The families themselves conceal such matters because they say that if people get to hear about the incidents, it will be a disgrace to their families; they will be outcasts.”

—Religious Sector

“You know, a mother may know that this thing is happening, but she remains mum… because she knows if this thing goes forward, if this person goes to court and this person is convicted, then she may be stigmatized by the family of the husband that is why most of this people stay mummed… to avoid stigma.”

—Criminal Justice Sector

While a family may feel ashamed due to the nature of the violence, the community may blame them directly for any consequences that occur:

“Some have been rejected by close relatives because they are seen as betrayers. They say that those cases are to be solved within the community and not reported to the authorities. When the perpetrators are given a jail term, even for 20 years, they start blaming the victim that it is because of them that the person has been jailed. Sometimes, the community victimizes the parents of the victim for reporting… the community members start blaming the girl. This might sometimes hinder the girls from reporting such cases.”

—Law Enforcement Sector

3.2.4. Out-of-Court Settlement

Many participants explain the wide variety of out-of-court settlement methods, which can include bribes, mob justice, traditional methods of payment, and ceremonies, including sexual rituals and forced marriage. The following quotes explain the actors involved in the traditional settlement process. Most participants said:

“When it comes to sexual violence, they rarely report. It is a shame, and that’s the cultural aspect: that sexual aspects are not discussed publicly, so they better solve it at home because that is the way they have been doing it traditionally.”

—Education Sector

Some communities have special rituals to settle these crimes:

“Now Kutonya Ng’ondu [purification ritual] is what is done by the parent if a daughter engages in incestual activity with her father. In the Kamba culture, there is that ritual of Kutonya Ng’ondu where they slaughter a goat, they do their science of the Kamba, and that is the culture… They normally do that so that when that girl gets married, she is able to get babies.”

—Community Sector

A participant explains how the community finds ways of solving the problem:

“Sometimes the community will employ mob justice, but still with communities getting enlightened, mob justice is minimal, community agreements and dialogue, those are existing.”

—Law Enforcement Sector

Some participants also mentioned ways that families are compensated for violence against girls:

“The ones accorded according to local customs used to happen in the past where the family of the victim would be compensated with goats, some perpetrators would be fined and money given to the family of the victim, and some would be married off to the perpetrator if such cases occurred.”

—Religious Sector

Not only is there financial compensation, but money can be used to bribe families into silence:

“Now chiefs have become corrupt, they don’t report, they can be paid off… I have seen a case in Ikutha where the chief and the family settled at around 60,000 shillings. That is very common here.”

—Health Sector

“If a girl comes from a financially challenged background, chances are she will be enticed not to report. Money is sent so even when she reports to the parent, the parents can also be silenced by the use of money.”

—Education Sector

3.3. Threats to Well-Being

These are barriers relating to potential harm to the victim’s physical body, emotional state, or overall hierarchy of needs.

3.3.1. Intimidation

Participants referred to the various methods used to intimidate victims from reporting. This could include retaliation, actual or implied threats of murder, violence, or revenge against a victim or those supporting a victim. The following quotes portray the prevalence of intimidation and how it can effectively deter reporting. Many shared the following:

“So, I asked the girl why she couldn’t report, and she said, ‘They told me they will kill me’.”

—Health Sector

Referring to perpetrators who are freed from jail, one participant said:

“You know most of these people when you release them, they go back and start threatening witnesses, so if you stay here and do not see witnesses, which means they have been scared and threatened not to go to court.”

—Criminal Justice Sector

While victims’ physical safety is often threatened, their education can also be at risk:

“If you report to a teacher, you cannot continue learning in that school. You know the reason they don’t report is because if a student reports a teacher, the parents will be threatened that the girl will not be admitted to any other school.”

—Community Sector

3.3.2. Loss of Breadwinner

Participants describe the complicated situation where the perpetrator is the victim’s caregiver. Reporting any violation could result in financial repercussions due to the family’s breadwinner being reported and incarcerated. Reporting a family provider, such as a father, could lead to other challenges for the family. Participants stated:

“I’ll give a scenario where you know the community or the parents indicate to her that if you testify against your father, he will be jailed and you will be arrested, so when the girl shows up and denies everything in the sense of not jailing her father and she does not want to be killed, it’s a father-girl relationship, and once you talk to that girl and she can’t talk, you even go to proceed, she shuts down or if you proceed well, once it gets to that point of confirming the defilement… she shuts down totally. They are compromised, and especially if they are related, you know they see that their person is going to get arrested; they are the breadwinners, so sometimes the mothers help them compromise the case. They are supposed to protect the child, which they don’t do.”

—Criminal Justice Sector

School fees can be a major expense in a poorer, rural community. A girl’s access to education can be withheld by the family’s breadwinner and used to coerce them into violence:

“The main issue that I have ever witnessed was of a parent in the pretext of payment of school fees, … [sexual defilement] was like a condition for paying fees. I think it was the father in order to pay fees.”

—Education Sector

“If they resist [sexual violence within relationships], it will mean that some of the relationships and family set-ups may break, so that makes a woman vulnerable.”

—Community Sector

3.3.3. Loss of Dignity and Future

Participants cited the fear of losing dignity and future marriage prospects as a common obstacle to reporting sexual abuse. Girls may encounter criticism, stigma, and shame if they become victims of rape or get pregnant as a result, which might cause them to leave school or rush into marriage. Many claimed:

“Now, most girls here fear reporting; it is like a taboo like ‘if I report, people may say I’m the loose one.’ Here, culturally, sex is bad, so the girl might think that people will desert her if she reports it. So many girls who are raped here don’t have the courage to say that they were raped… Many end up not getting someone to marry. It’s like if you are raped, you are like secondhand, and that’s why people don’t report it. It’s like a shame… You will find that many of them are married as second wives. Here we say that if you are married as a second wife, you don’t have that dignity worthiness to be a first wife, you are like rubbish; you don’t have that dignity.”

—Health Sector

“Girls are embarrassed from reporting such cases, so she stays with the information because she knows that if she shares the information, she will be taken to the police and people will talk ill of her… They don’t even return to school because of stigma and the fear of being laughed at. So, she drops out of school, and if she finds someone who agrees to marry her, she goes immediately.”

—Health Sector

A girl’s life course and sense of self may be permanently altered, and some may never marry:

“The girl gets hurt, and her life is messed up, and it may look like she won’t have a future because her life has been destroyed; some refuse to get married because they fear men.”

—Religious Sector

“Maybe she was a victim, then there must be that negativity, then the girl may actually think that she has lost her self-esteem at a personal level.”

—Education Sector

3.3.4. Fear of Abandonment

Participants indicated that victims are reluctant to report incidents because of the fear of being abandoned by their family or community. If the victim reports, they may face ostracism or be forcibly expelled from their home. Some participants explained:

“The lowest jail term for sexual violence is seven years, so when the community members feel that the girl has betrayed her people by reporting, we hear that she has been excommunicated.”

—Religious Sector

“Last year, I had a case of a girl who was raped by just a neighbor within their family because there was no one within the family, the girl was around 13, and the girl reported to the mother, but the mother deserted her completely up to date.”

—Health Sector

Not only could a girl feel shunned from her community, but she may need to be moved to a different village entirely:

“Certain cases of rape, which bring about stigma, all these things really at times will require that that particular victim is relocated because it will be a heavy burden psychologically to them if they were to still see the same people who violated them.”

—Law Enforcement Sector

4. Discussion

Our study investigated barriers to reporting sexual violence and receiving justice for school-aged girls in Kenya through in-depth interviews with key community members and leaders. Findings revealed systemic cultural and environmental factors that hinder safe and reliable reporting, prevent further offenses, and obstruct justice for victims. The complexity of these cultural and institutional systems makes them difficult for minors to navigate, leaving many victims without support or justice.

4.1. Systemic Barriers in Criminal Justice and Medical Systems

The first of three themes in our findings highlights systemic barriers within the criminal justice and medical systems, where a lack of resources and training prevents an adequate response to the sensitive nature of these crimes. Our findings also reveal that some professionals within these reporting pathways actively disrupted and interfered with the justice process, resulting in harm to many girls. Several participants mentioned lax policies around bail as another barrier to receiving justice. According to the participants, once released, criminals who were freed on bail may use threats or intimidation to discourage the victim or witnesses from pursuing a case against them. Policy gaps that lead to a perpetrator’s early release put the victim at risk for retaliation.

Several participants highlighted the deficiencies of the criminal justice system and the absence of safeguards for young victims, and additional barriers arise with the linkage of the medical system. The complicated procedure involves multiple steps, essential forms, and testing for documentation. This process is disjointed and easily disrupted, such as when a victim reports at night and cannot complete the necessary steps. Medical professionals voiced frustration with the system, and many participants proposed reforms. Some suggestions were a dedicated child department or officer, a secure enclosure to ensure privacy for victims when giving testimony in court, well-trained counselors, and accessible medical care and legal representation at reasonable costs. Gender desks were established to support victims in reporting violence by ensuring a safe and comfortable environment, staffed by women to encourage survivors to share their experiences [20,45]. Despite this, gender desks are not commonly accessible, and participants in the study saw the belligerent demeanor exhibited by certain female police officers and their failure to aid or support. This may indicate a deficiency in the officers’ training or internalized bias. As evidenced in the data, some police accept bribes or other favors to look the other way or prevent prosecution and justice for a victim. This experience with law enforcement further prevents girls from coming forward to report. A comprehensive strategy that focuses on prevention, using a survivor-centered response, and the protection of vulnerable victims while simultaneously building capacity for law enforcement and the court system is necessary to address sexual crimes effectively [23,29,46].

4.2. Cultural and Social Norms Impacting Reporting

The second theme we identified was the influence of cultural and community social norms and traditions, which has a profound impact on the reporting of sexual violence. Kenyan communities tend to have more complex family and kin structures compared to the Western definition of the nuclear family, with family and kin relationships often extending beyond household boundaries [47]. This is relevant to the analysis because social dynamics and community resources within small rural communities are impacted by more complex family structures. Many individuals place high value on maintaining the integrity of the family and often discourage legal recourse in order to maintain the existing family or community structure. Many adolescent girls cannot independently pursue legal recourse and rely on an adult or parent to bolster their assertions. This is a hindrance when the perpetrator is a member of their own family system. Sexual offense charges can cause disgrace to one’s family, prompting many individuals to prefer avoiding them. Similarly, public legal proceedings might cause additional embarrassment or trauma leading to a preference for a private resolution. Many participants spoke about the preference for out-of-court settlements due to their traditional nature and ability to circumvent public scrutiny and severe consequences.

4.3. Threats to Victim Safety and Well-Being

Reporting sexual violence can result in significant threats to one’s well-being. Beyond intimidation, a victim could be threatened with death or other violence or acts of sabotage committed against her. This may threaten her future, including school, career, and marriage opportunities. The shame and stigma around being a victim can lead to her losing her dignity and respect from others. Sometimes, it is so shameful that the family chooses to isolate or excommunicate the girl. In communities where women and girls already lack equal status and access to resources, shame and stigma can have devastating consequences. Family and social abandonment can leave a young woman vulnerable to displacement or homelessness.

The threats to a victim’s well-being go beyond shame and stigma from the community. Threats and intimidation were some of the most discussed issues mentioned by participants, and some shared real quotes from girls whose lives were threatened. The direst outcome of violence is the loss of life. In a system where victims are commonly disbelieved or have their cases tampered with, the most extreme risk of reporting is death. This is especially true when the perpetrator is not adequately detained, like being released on bail or due to insufficient evidence. They discussed how it is not uncommon for communities to raise bail funds to secure release, which allows perpetrators to walk free, intimidate, and/or silence victims.

4.4. Intersection of Traditional Justice and Formal Legal Systems

Study participants highlighted the deficiencies of the criminal justice system and the absence of safeguards for young victims. The community’s inclination toward non-judicial resolutions and using traditional approaches was evident in numerous quotes. The criminal justice system in Kenya is based on the British Common Law system, instituted as a result of colonialism [17]. The result is that traditional customs, values, and justice methods do not align with existing legal procedures. Participants consistently emphasized the impact of stringent mandatory sentencing laws, which were viewed as too extreme. The participants shared that this fear of imprisonment results in the use of intimidation and bribery to avoid a trial and potential incarceration but does little to deter perpetrators from committing offenses. Our findings show that it is common and culturally accepted, if not encouraged, to bypass the legal system in any way necessary to avoid punishment. Minimum sentencing laws have been challenged in Kenya, with several courts deeming these laws unconstitutional since they remove the court’s ability to determine an appropriate sentence in each unique case [48]. Without fundamental reforms in institutions, society, and the legal system, the impact of heavy penalties and minimum sentences does little to deter violence. Previous scholarship shows that if criminals can easily avoid punishment, trust in the criminal justice system and its effectiveness and strength will be further eroded [46]. This is especially accurate when the criminal justice system is insufficiently funded and fails to improve the rates of reporting or conviction.

In line with exchange/social control theoretical framing proposed by Richard J. Gelles [36,37], there is a cost/benefit analysis that is carried out in which the reward for using violence outweighs the cost of sanctions, or associated risk. Numerous interviews highlight this phenomenon, particularly with regard to minimum sentencing laws. If the family or community at large values an individual for the resources they provide, a cost/benefit analysis would likely result in the perpetrator being protected from the legal system and culturally agreed upon sanctions are used instead. Additionally, without faith in the legal system, victims may view the risk of reporting to be too high, knowing it is unlikely that perpetrators will be held accountable.

4.5. Gender Dynamics and Power Imbalances

Participants’ responses also underscored the low status of women in society, as reflected in their descriptions of both support for perpetrators and the lack of respect for the victims. In Kenya, women have a subordinate role in society, which can result in a lack of empathy toward victims [49]. The bail system is one example where the low societal status of women and girls is evident; in granting the benefit of the doubt to the offender, it is not uncommon for community members to prioritize raising funds for a perpetrator’s release from prison instead of pursuing justice for a girl who has been abused [50]. According to the participants, criminals who have been released on bail may use threats or intimidation to discourage the victim or witnesses from pursuing a case against them. This is remarkably accurate if the offender happens to be a relative or a community member who holds a position of authority or supports the family system financially. Given that men typically have more prominent roles within the family, both in terms of financial and social standing, the consequences for the family structure would be more significant in the event of their incarceration [18].

Participants shared how upholding the family unit and protecting the perpetrator is more important than receiving justice for the victim. Many Kenyans agree with personal belief statements about not reporting spousal or family violence within the home [51]. The belief that the responsibility is on women and girls to control their behavior to prevent assault was a common theme in participants’ responses. The sustaining of sexual violence can be attributed to harmful social norms that include honoring family over a woman’s safety, the importance of a woman’s sexual purity, and the authority of men to discipline women and children [49]. Additionally, there were benefits to the family by avoiding the justice system, as many participants explained that bribes are paid to families, which can carry great value in a poor, rural community.

Male superiority was evident throughout the findings, and further investigation into Kenyan culture and history shows a patriarchal system in which men traditionally hold positions of authority and leadership and women are expected to submit [10,50,51]. Many participants shared about the frequency of violence in the home and how there is a culture of silence to keep it private and sustained, like the mother keeping silent in order to protect the husband and family. The higher status of men and belief in male superiority can help us interpret why participants so commonly reported bias against female victims. Masculinity is equated with power, which commands respect, particularly within the household. When one feels disobeyed or disrespected, asserting one’s masculinity and ‘standing firm’ in response is socially acceptable [50]. If the cultural beliefs determine that it is acceptable to ‘discipline’ girls and women in the home, then reporting this as a crime can be viewed as a threat to the perpetrator’s status and power. When a community rallies around the accused, they maintain the gender hierarchy. Giving power to women could be seen as taking power from men and upsetting the status quo. This sustaining of male dominance and superiority implicates itself in the power and decision making related to reporting sexual violence. If a girl cannot report violence without the support of her parents, and a male within the family system is the abuser, her chances of justice significantly decrease. Many quotes supported the cover-ups that occur within the family unit to hide violence or evade shame or loss of power. This motivates the out-of-court settlement process and alternate ways to resolve sexual abuse reports.

4.6. Economic Vulnerability as a Barrier to Reporting

Economics proved to play a significant role; the results show that threats to or increased access to financial support or economic resources mediated decision making. Participants mentioned that reporting a member of one’s family or an individual who cares for or provides financial support can be a barrier for victims. Removing the person responsible for income puts the victim and their family system in a vulnerable position resulting in poverty; this may affect her ability to pay for school or other necessities. The difficulties of family interference in girls’ ability to report sexual violence were evident, as many fear the economic vulnerability and uncertainty that would result from turning in a family member [18]. If a girl faces a worse outcome or quality of life post reporting, she may refrain from coming forward. Participants reported that a girl may be shunned by her family, abandoned, or taken away by the state for her protection. Either way, the possibility of losing one’s entire support structure and community threatens one’s well-being and is a barrier to reporting. Furthermore, many girls turn to transactional sex to provide for themselves or their families. The prevalence of transactional sex (TS), which could be as high as 80% of young women in Sub-Saharan Africa, is commonly accepted even if it is not openly endorsed [52]. Families may even encourage a girl to participate in TS as a way of supporting herself and her family, putting girls in dangerous situations where they are sexually abused [53,54].

4.7. Study Strengths and Limitations

This study’s strengths rest on the depth of insight gained through a variety of community members and leaders who could speak to both cultural nuances and structural and procedural barriers to reporting. The rich information provided in these in-depth interviews allows for a more nuanced understanding of the interplay of gender inequality, societal norms, and reporting pathways for victims of sexual violence. This study is not without limitations though. This community is small and rural, which increases the likelihood that some factors identified by participants are specific to this setting. To address this limitation and enhance this study’s transferability, the research team carefully selected a theoretical framework that could be applied to explore similar mechanisms in other contexts.

5. Conclusions

The widespread prevalence and acceptance of sexual violence against girls in Kenya is deeply concerning, underscoring the urgent need for continued efforts to combat this issue. Findings from this study suggest that to prevent and eradicate sexual violence against school-aged girls effectively, it is necessary to tackle root issues such as gendered power imbalances, victim blaming, and institutional deficiencies in the judicial and medical systems. Addressing the identified barriers requires a comprehensive, multi-level strategy that integrates legal, cultural, and social reforms. It is also fundamental to balance cultural sensitivity with institutional reform. Gender inequality is often cited as the dominant factor contributing to sexual violence against school-aged girls, yet our findings suggest that there are several intersecting factors holding these systems in place. Participants supported enhanced education, mainly targeting adults and community members, to tackle the ideas and behaviors that perpetuate the vulnerability of girls to sexual abuse. Programmatic or reform efforts should look for opportunities within social systems that both respect community values while ensuring victim protection and justice. Further investigations into systemic barriers and community-driven solutions are vital for sustainable change. It is crucial to proactively address the cycle of violence by placing trust in and aiding victims who come forward to report. Examining and resolving obstacles to reporting can have a life-saving impact on girls.