Defilement is any sexual intercourse with a child under the age of 18 years old, whether or not the child consents.
“The key ingredients of the offence of defilement include proof of the age of the complainant, proof of penetration and proof that the appellant was the perpetrator of the offence.”
How To Win a Defilement Case In Kenya
The evidence of a single witness, the victim, is sufficient without need of corroboration. Section 124 of the Evidence Act Cap 80 Laws of Kenya provides as follows:-
“Notwithstanding the provisions of section 19 of the Oaths and Statutory Declarations Act, where the evidence of alleged victim admitted in accordance with that section on behalf of the prosecution in proceedings against any person for an offence, the accused shall not be liable to be convicted on such evidence unless it is corroborated by other material evidence in support thereof implicating him.