Is sex without consent within marriage a crime?
Protection Against Domestic Violence Act; Sexual Offences Act · sources read 3 Oct 2026
Sexual violence within marriage is domestic violence under the law, so a husband or wife can go to court for a protection order. The Sexual Offences Act defines rape as penetration without consent, but its section 43, which explains what an 'unlawful' act is, says it does not apply to people lawfully married to each other.
- Where
- Resident Magistrate's court for a protection order; any police station to report.
Steps
- Apply for a protection order against your spouse at the Resident Magistrate's court.
- Report to the police. The officer must tell you about shelter and medical help, your right to apply under the Act and how to make a criminal complaint.
- If you were injured or lost money or property, you can claim compensation in the same court.
Watch out
- Section 43 of the Sexual Offences Act, which defines an 'intentional and unlawful' act, does not apply between people lawfully married to each other. How this affects rape charges between spouses is a question for a lawyer.
- Domestic violence can still be dealt with as a crime under other laws.
Who this covers
- Anyone who is or was married to the abuser, or is in another domestic relationship with them.
Official sources (2)
- Protection Against Domestic Violence Act, No. 2 of 2015 (Cap. 151) new.kenyalaw.org · read 3 Oct 2026
- Sexual Offences Act, No. 3 of 2006 (Cap. 63A) new.kenyalaw.org · read 3 Oct 2026