[Rev. 2012]
Sexual Offences
Sexual Offences
CAP. 62A
the publication or revelation of identity was done is under the age of eighteen years
and in any other case to imprisonment for a term of not less three years or to a fine
of not less than two hundred thousand shillings or to both.
(12) Any juristic person convicted of any offence under this section shall be
liable to a fine of one million shillings.
(13) An accused person in criminal proceedings involving the alleged
commission of a sexual offence who has no legal representation shall put any
questions to a vulnerable witness by stating the questions to the court and the court
shall repeat the questions accurately to the witness.
32. Vulnerable witness to be notified of protective measures
(1) The prosecution shall inform a witness who is to give evidence in criminal
proceedings in which a person is charged with the alleged commission of a sexual
offence, or if such witness is a child, such child, his or her parent or guardian
or a person in loco parentis, of the possibility that he or she may be declared a
vulnerable witness in terms of section 31 and of the protective measures listed in
paragraphs (a) to (e) of section 31(4) prior to such witness commencing his or her
testimony at any stage of the proceedings.
(2) The court shall, prior to hearing evidence given by a witness referred to in
subsection (1), enquire from the prosecutor whether the witness has been informed
as contemplated in this section and the court shall note the witness’s response on
the record of the proceedings, and if the witness indicates that he or she has not
been so informed, the court shall ensure that the witness is so informed.
33. Evidence of surrounding circumstances and impact of sexual offence
Evidence of the surrounding circumstances and impact of any sexual offence
upon a complainant may be adduced in criminal proceedings involving the alleged
commission of a sexual offence where such offence is tried in order to prove—
(a) whether a sexual offence is likely to have been committed—
(i) towards or in connection with the person concerned;
(ii) under coercive circumstances referred to in section 43; and
(b) for purposes of imposing an appropriate sentence, the extent of the
harm suffered by the person concerned.
34. Evidence of character and previous sexual history
(1) No evidence as to any previous sexual experience or conduct of any person
against or in connection with whom any offence of a sexual nature is alleged to
have been committed, other than evidence relating to sexual experience or conduct
in respect of the offence which is being tried, shall be adduced, and no question
regarding such sexual conduct shall be put to such person, the accused or any
other witness at the proceedings pending before a court unless the court has, on
application by any party to the proceedings, granted leave to adduce such evidence
or to put such questions.
S9 - 21
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