Authored By: Zipporah Wanjiru Kagoya
University of Nairobi, Faculty of Law
1.0 Introduction
Gender-Based Violence (GBV) is a critical societal issue manifested in various harmful forms, including financial, emotional, physical, and sexual abuse, predominantly affecting women and marginalized groups due to entrenched gender power imbalances. Despite increased awareness and advocacy, the prevalence of GBV remains alarming, highlighting persistent structural injustices. The article emphasizes the need for collaborative efforts to dismantle systems that perpetuate GBV and discusses the often-overlooked experiences of men who also face GBV, addressing their challenges in expressing their suffering.
2.0 Historical Background to GBV
Gender-based violence (GBV) has historical roots dating back to the Roman Empire, where husbands had total control over their wives, fostering systemic inequality. This oppression continued through 18th-century English common law, allowing men to discipline wives and children, persisting into the 19th century. These historical laws reflect the ongoing struggle for human rights and equality. In the Indian Journal of Community Medicine by Jagbir Singh Malik and Anuradha Nadda, research was done on 1000 random married men between the ages of 21-49, and of all those, 52.4% have experienced GBV at least once in their lifetime.
3.0 Legal Framework on GBV against Men
The preamble to the constitution of Kenya (CoK) (2010) is committed to nurturing and protecting the well-being of the individual, communities, and nation as a whole.
The alarming fact that GBV greatly entails some sort of violence greatly undermines the CoK. This is in the wake of the fact that every person has the right to freedom and security of the person and includes the right not to be subjected to any form of violence from either public or private sources.
The Sexual Offences Act (SOA) defines Sexual Assault as:
Any person who unlawfully penetrates the genital organs of another person with-
(i) any part of the body of another or that person; or
(ii) an object manipulated by another or that person except where such penetration is carried out for proper and professional hygienic or medical purposes;
(b) manipulates any part of his or her body or the body of another person so as to cause penetration of the genital organ into or by any part of the other person’s body; is guilty of an offense termed sexual assault.
Violence, according to the PADV, means abuse that includes sexual violence within marriage, emotional or psychological abuse, physical abuse, verbal abuse, or any other conduct against a person that may cause imminent harm to the well-being of the person. The Act has taken a leading hand as it protects victims of DV as stipulated in Section 8(1) which states that a person who is in a domestic relationship with application for another person may apply to the Court for a protection order in respect of that other person.
The 5th SDG goal aims to achieve gender equality. Moreover, Article 3 of the Universal Declaration of Human Rights (UDHR) affirms the right to life, liberty, and security of a person. Additionally, Article 5 of the same text talks about the right to freedom from torture or cruel, inhuman, or degrading treatment or punishment.
Addressing domestic violence involves coordinated efforts at international, regional, and national levels, with organizations like the UN and regional entities such as the African Union and the EU establishing norms and policies. By fostering cooperation among these levels, it is possible to create a comprehensive response grounded in human rights, gender equality, and the safety of all individuals.
3.2 Gaps in Local and Global Legal & Policy Frameworks
A critical analysis of the term “sexual assault,”, is at the center of conversations about this topic. The Sexual Offences Act (SOA) fails to take into account the complexity of these crimes because in as much as illegal penetration is still a big part of sexual assault, there are other serious violations of bodily integrity and autonomy that go hand in hand with non-penetrative acts as well. Fondling, groping, and other non-consensual sexual acts must be included in the definition of sexual assault.
It is essential to update the definition of sexual assault to include these kinds of acts in order to reflect how sexual offenses have changed in the digital age.
Although broad in scope, the Protection Against Domestic Violence Act (PADVA) defines violence in a way that does not fully capture the range of abusive behaviors that are common in domestic settings. Violence extends beyond physical injury and includes subtle forms such as financial exploitation and emotional abuse, all of which threaten an individual’s health and safety. Economic abuse involves manipulating someone’s financial resources to exert power, while technological abuse involves unauthorized use of technology to track or control victims.
3.3 Recommendations to curb GBV against men in Kenya
Education and awareness to the public
Development of stronger anti-violence laws
Sensitization through mass media
Establishment of male support establishments and shelters
4.0 Effects of Gender-Based Violence on Men
Men are particularly vulnerable to the physical and psychological effects of gender-based violence, as well as special difficulties stemming from stereotypes and societal expectations. Here are some possible effects.
Physical consequences
Injuries: Men subjected to gender-based violence (GBV) can sustain various physical injuries, including fractures, sprains, with injury severity correlating to the violence type: physical or sexual assault, or intimate partner violence.
Sexual Violence: Men who experience sexual abuse endure severe long-term consequences, including physical injuries and chronic health issues. The effects necessitate comprehensive support and intervention programs for male survivors, emphasizing the importance of specialized care and fostering understanding of the specific repercussions of sexual violence against men.
Health Issues: Survivors of physical violence may incur immediate injuries like cuts, fractures, and concussions, as well as long-term health issues such as chronic pain and disabilities.
Psychological impact
Post-Traumatic Stress Disorder (PTSD): This condition can arise as a result of being exposed to stressful situations, like being physically or sexually assaulted. Men may suffer from intrusive thoughts, flashbacks, and emotional distress, which negatively affect their mental health.
Shame and Guilt: Victims may feel a great deal of shame and guilt as a result of societal expectations and masculinity stereotypes.
Isolation and Withdrawal: Men may be reluctant to talk about their experiences because they worry about being judged or because they think that talking about violence goes against what society expects of strong, resilient men.
Social stigma
Social Expectations and Stereotypes: Since acknowledging vulnerability or victimization may be interpreted as deviating from the normal societal standards, these cultural expectations can contribute to the stigma associated with male victimhood.
Challenges to Masculinity: Men may struggle to disclose experiences of gender-based violence due to concerns over threats to their masculinity and societal perceptions of victimization as a sign of weakness, which may lead to judgment and a loss of status.
Normalization of Violence: Cultural or societal norms can sometimes normalize specific types of violence against men, which makes it more difficult for victims to identify and seek help. The persistence of social stigma may be aided by this normalization.
Impact on relationships
Gender-based violence has the potential to cause strain in relationships within families. It could be difficult for the victim to feel safe and trusted at home if the offender is a family member. Relationships may become even more complex when family members’ reactions to the violence are revealed.
Effect on Intimate Relationships: Survivors of IPV may encounter challenges in their romantic relationships. Gender-based violence trauma can make it difficult to establish and preserve healthy relationships because it can erode intimacy, trust, and communication.
Parental Relationships: The impact of gender-based violence on male survivors can adversely affect their parenting abilities and family dynamics.The impact of torture is not confined to the individual subjected to it; it also often has a detrimental effect on families who bear the brunt of the suffering or the survivor or victim.
Cycles of Abuse: It can be difficult for men and women who have experienced gender-based violence to end abusive cycles. This is especially true if their family history includes a history of violence or if their relationships with others date back many generations.
5.0 Conclusion
In conclusion, addressing gender-based violence against men is vital for achieving gender equality. Recognizing its impact promotes a culture of dignity and well-being for all individuals. Key strategies include creating inclusive support networks, raising awareness of male victims, and challenging harmful stereotypes. The state must enhance protection for men against gender-based violence, fulfilling its obligation to ensure order, security, and basic welfare while respecting individual rights. A similar stand was taken in the case of Opuz v Turkey. The state must be unwavering in its efforts to respect human rights, promote equality, preserve public safety, and fulfill its commitments under international law in order to safeguard citizens against (GBV). We can only create a world where everyone, regardless of gender, can live in safety and equality by working together, spreading awareness, and practicing empathy.
