Crime or affliction? Rape in an African community

Abstract

Amongst the Gush of southwestern Kenya instances of rape are frequently reported; this was true also in the colonial period and yet it seems that those cases which come to the notice of the authorities are few compared with the numbers which actually occur. While certain features of the traditional culture seem to have encouraged violent sexual assault, because in a patrilocal society miscreants are likely to victimize their relatives, that is women who are sexually taboo, the crime is considered a sacrilegious matter to be dealt with in the family, not by the secular authorities. Given the sacrilegious nature of the act the Gush are convinced that such behavior is involuntary and that the criminal is not a criminal but an afflicted person, motivated by the malevolence of the ancestral spirits or of jealous neighbors and kin. The author uses case material to illustrate various aspects of the Gush belief system in regard to criminal behavior in general and rape in particular.