Deciding to seek justice after a violation such as sexual violence is often a brave action to take by survivors.
Many are forced to relive the trauma they went through by recounting the ordeal to police officers and even in front of a courtroom full of people.
According to a study on Access to Justice by the United Nations Development Programme (UNDP), Survivors of Sexual Violence also endure threats and intimidation from perpetrators.
With cases of sexual violence taking a long time to solve, up to three years in some cases according to the study, survivors may become susceptible to attempts by perpetrators to have the cases ended.
“Survivors, witnesses, and families face many threats and intimidation from the perpetrators and other interested parties, including administration chiefs and police, to ensure that they do not give evidence,” the study said.
The study criticised the justice system for placing victims in environments where the perpetrators are persons in positions of authority.
“Placing them in the same environment as perpetrators they once trusted, compromises their safety and that of their witnesses and jeopardizes the investigation process"
"Where an influential person in the society or family member is involved, the police are also used to intimidate the survivors or witnesses,” it said.
While undertaking this study, it emerged that there was a great lack of protection for Survivors and GBV Witnesses.
“I tried following up a case on behalf of a child who had been violated. I reported the case to the police. However, since the perpetrator is known, he was called while we were still at the police station"
"We left the place and l took the child for safe custody. Later l was informed that I am being investigated for a charge of kidnapping a child,” a witness in Kitui said.
The study said that the Victim Protection Act, which should fulfil various rights of the victim, including psychosocial support during and after the case, is not being implemented.
“I reported my case to the police. Afterwards, the police and the perpetrator started harassing me. They would come to my house and threaten me. I would even hear them knocking on my door at odd hours,” a survivor in Nairobi said.
Many actors in the criminal justice system are not aware of the laws and other measures that protect the survivors, including the Witness and Victims Protection Act, the Bail and bond policy, and the Legal Aid Act and services.
“The Victim Protection Act must be implemented to afford survivors comprehensive protection of the law,” they demanded.
