HARSH PUNISHMENT

Why seeking sexual favours in offices may soon land you in jail

Sextortion is the abuse of power to coerce individuals into providing sexual favours

In Summary
  • Passaris want Penal Code amended to make sextortion an offense.
  • The vice, she noted, does not only flies against the human rights but is equally eroding public trust in both public and private institutions.
Nairobi Woman Rep Esther Passaris.
Nairobi Woman Rep Esther Passaris.
Image: FILE

Nairobi Woman Representative Esther Passaris has put a strong case for her push to outlaw sextortion in private and public institutions.

Sextortion is the abuse of power to coerce individuals into providing sexual favours.

In her petition that is being considered by Parliament, it would be an offence to seek sexual favours from individuals seeking services in both private and public offices.

Appearing before the National Assembly’s Petition Committee, the lawmaker pushed for harsh punishment to the perpetrators of the offence which she noted is becoming rampant.

She pleaded with the committee chaired by Vihiga MP Kavai Kagesi, to consider amending the penal code to make the vice punishable by law.

The vice, she noted, is not only against human rights, but is equally eroding public trust in both public and private institutions.

“The demand for sex in exchange for essential resources, services and opportunities, is both an infringement of human rights and a significant obstacle in achieving development goals, predicated on gender equality, transparency and accountable governance.”

She said Kenyan laws do not specifically recognise or define sextortion as a form of sexual exploitation, harassment and corruption, thus hindering effective prosecution and victim protection.

“Although Section 37 of the Computer Misuse and Cybercrime Ac 2018 addresses certain aspects related to sextortion, there remains critical need to comprehensively address this issue within the broader legal context,” she added.

Passaris said sextortion disproportionately affects vulnerable women and girls due to poverty, lack of education, political disenfranchisement, and various forms of disability, although men and boys are also susceptible.

The vice, she noted, not only inflicts immediate harm upon individuals, but also undermines efforts to empower women and ensure their full and equal participation in society. It thus impedes sustainable development.

In the petition, the Nairobi MP wants the Penal Code, the Sexual Offences Act and any other relevant criminal Laws to explicitly define sexual extortion as an offence.

She also wants clear provisions made on penalties, support for victims and for connected purposes.

“Sextortion is a corruption that is silently consuming our vulnerable women and men. It is coercion and not consent and our laws fail to recognise or define it as a form of sexual exploitation and harassment. This hinders the effective prosecution and victim protection,” she told Kagesi led committee.

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