Shadle 2008 Rape

Title Information

Author: Brett L. Shadle

Title: Rape in the Courts of Gusiiland, Kenya, 1940s-1960s

Subtitle: -

Journal: African Studies Review

Volume: 51

Issue: 2

Year: September 2008

Pages: 27-50

ISSN: 0002-0206 – Find a Library: WordCat | eISSN: 1555-2462 – Find a Library: WordCat

Language: English

Keywords: 20th Century | Kenyan History | Prosecution: Trials

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Link: Project MUSE (Restricted Access)

Additional Information

Author: Brett L. Shadle, Department of History, Virginia Tech

Abstract: »This article examines the history of rape prosecutions in the African courts of Gusiiland, Kenya, from the 1940s through the first years of independence. Drawing on transcripts from African courts, it demonstrates that Gusii court elders were quite sympathetic to women who lodged rape claims. Elders handed down stiff punishments to rapists, were willing to entertain a wide definition of "indecent assault," and did not require the extensive evidence of rape so commonly demanded by judges in Western courts (and in British courts in Kenya).« (Source: African studies review)


  Introduction (p. 27)
  Historiography and the Historical Record (p. 28)
  The History of Rape in Gusiiland (p. 31)
  The Legal Setting (p. 32)
  The Social Setting (p. 34)
  Rape Accusations in the Ritongo (p. 35)
  Defenses against Rape Charges in the Ritongo (p. 37)
  Judgments in Ritongo Rape Cases (p. 38)
  Punishments in Ritongo Courts (p. 39)
  Rape Cases in Magistrates' Courts (p. 40)
  Conclusion: Rape as an Offense against a Woman (p. 41)
  Acknowledgments (p. 43)
  References (p. 43)
  Notes (p. 47)

Added: August 15, 2009 – Last updated: October 4, 2014