Meanwhile the victim has refused to leave the ‘so-called husband’s’ home. The accused is HIV positive while the victim is HIV negative.35 It may also be due to the fact that the issue of marriage is a civil matter and as such, it is incumbent upon an individual to file or not to file a suit against the person who has wronged her. However, in Kenya and Rwanda, which have clear marriage laws, the prosecution process may be commenced upon violation of the law.