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"id": 473692,
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"speaker_name": "Hon. (Prof.) Nyikal",
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"speaker": {
"id": 434,
"legal_name": "James Nyikal",
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"content": "Hon. Temporary Deputy Speaker, if you look again at the case of rape, in the trial process itself the way the victim is handled, you would think that the victim is the offender or the perpetrator. Again, that has left out the victim. Even during sentencing, nobody looks at the suffering of the victim. At least, in this Bill there is provision for the victim impact statement which should influence the sentence. Hon. Temporary Deputy Speaker, even after the offender has been sentenced, nobody looks at the suffering that the victims and their families have gone through. In cases of murder, the family is left without a breadwinner and any support. The legal system, as we see it, does not take care of that. We have civil cases where victims sue for compensation, but many of the people who are affected cannot go through this process. Hon. Temporary Deputy Speaker, I think this Bill has come at the right time and I am really happy with it because it looks at all the principles. Section 3 looks at protecting the dignity of the victim during the trial process. Again, in the case of rape, even in cases where the offender is a member of the family, he should not be protected. The victim should get full compensation even in cases where the offender is a member of the family. Hon. Temporary Deputy Speaker, this Bill provides that there should be no discrimination on any basis. Section 4 says clearly that whoever the victim is, they are entitled to protection and rehabilitation regardless of their sex, race and ethnicity. Again, this is extremely important. When we have civil strife, people who are expected to protect victims start asking very annoying questions such as “Where do you come from and how did you find yourself there? Again, if we may use the example of a rape case, people ask “How did you feel about it?” This is a violation of the victim’s rights. In Section 6, the Bill provides the protective services that the victims need. Many of the victims are not even aware of the legal processes; what they are entitled to; how the trial that is going on affects them and whether the offender will be given bail or be out and for what reason. Many times we know that there are cases where when the offender is released on bail, they hurt the victim. I like this because this Bill provides for safe houses for that."
}