APPRAISAL OF THE OFFENCE OF RAPE UNDER NIGERIA LAW
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ABSTRACT
The objective of this study was to assess the rape crime as it is defined under Nigerian law. For the objective of this study, a doctrinal approach was used. Violating another person is a horrendous crime that may occur anywhere in the globe. The victims have experienced serious physical, psychological, and emotional harm on all fronts. The terrible experience of rape leaves victims with permanent scars and makes it difficult for them to have meaningful connections with other people particularly those of the opposite sex. With the advent of permissibility and acceptance of same-sex partnerships and marriage in several countries around the globe, it is clear that a man may rape a man, a woman can rape a woman, and a woman can also rape another woman. The research was published in Evolutionary Psychology. Unfortunately, under Nigeria’s existing system of criminal justice, the legal framework governing the crime of rape needs urgent and essential substantive and procedural revisions. In this research, these elements have been explored. Other industrialized nations have regularly changed their rape laws. Comparing the provisions of the Criminal and Penal code of Nigeria with those of other nations across the world and modifying it so that any ambiguity in our laws may be made as clear and uncomplicated as in the legal systems of other countries is something that should be done. It is proposed that the idea of rape, especially in terms of prosecution, be quickly reconsidered and revised in order to secure justice for the victims and keep pace with evolving rape patterns in Nigeria. [Bibliography required] [Bibliography required] [Bibliography required] [Bibliography required] [Bibliography required] [Citation This paper concludes that unless the laws governing rape are revised, victims’ rights to justice will continue to be violated owing to gaps in the law, while perpetrators of this horrible crime will continue to live above the law and perpetrate additional rapes. The author of this essay reaches this conclusion after claiming that a reassessment of rape legislation is necessary.
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CHAPTER ONE
INTRODUCTION
1.1 Background of the study
Since there have been humans, there have been rapes. In contrast, the number of rapes perpetrated in Nigeria has increased dramatically in recent years. The earliest laws against rape were enacted to prevent the raping, kidnapping, and forced marriage of virgins. It was also the intention of those who crafted the laws to protect the parental interest in his daughter’s virginity and the marital interest in his wife’s fidelity. The laws were enacted to protect women, most notably virgins and brides; hence, the common law notion of rape was founded and continues to be applied in some nations, such as Nigeria. In recent years, it has become evident that guys are also victims of rape and should be protected by the law. This occurrence requires legal consideration. Additionally, there are additional sexual techniques that are always changing and may be applied by someone who desires a forcible sexual connection with another individual. The insertion of the penis into the anus or mouth, as well as the penetration of any other body part into the vagina, are instances of such behaviors. Consequently, a number of countries have revised their rape legislation.
Numerous Nigerian women who have been sexually assaulted suffer in silence because they fail to report the crime to the proper authorities.
[2] The culture of silence leads to the escalation of this problem in part due to the humiliation and intimidation of victims by the authorities, the embarrassment of public admission, and the difficulty in proving rape. [Culture of mutism] In addition to this, the problem is exacerbated when the perpetrator is ostracized by those who feel that raping a woman causes disgrace to her family and community. [3] As a result, a substantial proportion of rape victims are reluctant or scared to testify about their experience, and the rapist goes on to the next victim. It is hardly an exaggeration to claim that rape is widespread in Nigeria; between 2001 and 2005, 10,079 cases of rape were registered. The number of reported rape cases in Nigeria is just 18 percent, according to the same data. [4]
Since a suspect accused of rape is supposed to go into hiding while his people work to remove the humiliation from the victim’s family’s face, culturally speaking, rape is on par with murder. From a cultural standpoint, it is a crime on par with rape. Rape seems to be on the increase in Nigeria despite these preventive measures, and the question on everyone’s mind is: why? Does this mean that the penalties established in the existing laws are no longer harsh enough to deter would-be rapists, or that there are other factors that provide stronger incentives for rape than the threat of its punishment? In the majority of African nations, women are susceptible to tyranny and persecution because to the traditional belief that they are the more delicate of the sexes. This belief has existed from the beginning of time. This civilization’s distinguishing traits are inequality and the subjection of the female population. Rape, domestic violence, and other types of sexual abuse are merely a few of the numerous forms of gender-based violence that have reached global proportions. [6] A rape is a kind of sexual assault that happens when a person is exposed to sexual intercourse or other forms of sexual penetration without their consent. [7] The conduct may be carried out by the use of physical force, coercion, or abuse of power, or against a person who is unable of giving valid consent, such as a person who is sleeping, disabled, intellectually handicapped, or under the age of consent.
Since the beginning of time, rape, one of the oldest crimes in human history, has caused a significant deal of suffering and misery to individual rights. In many countries, the penalties for committing the same offense are spelled out differently by legislation. Nonetheless, as of today, rape has not only lasted without any sign that it will end, but it is on the increase in almost every corner of the world. It now seems that desire was not the fundamental motivator for this conduct, despite the fact that this was formerly commonly considered to be the case. However, there is no upper age limit for people who are raped; in fact, the elderly are more vulnerable to this threat. It is noteworthy to know that 90% of rape victims are female [9].
1.2 Statement of the problem
In 2011, a human rights attorney called Caroline Ajie said that more than 2 million Nigerian girls were sexually molested annually.
[10] At the 2019 International Day for the Elimination of Violence Against Women, the Nigerian Minister of Women Affairs and Social Development (FMWASD), Dame Pauline Tallen, voiced more support for this number. These incidents, as well as the most recent report of the rape of an 18-year-old woman named Miss Barakat Bello in her home in Ibadan, the case of 11 men raping a 12-year-old girl in Kaduna, and the rape of Miss Uwa Omoziwa, a 22-year-old student at the University of Benin (UNIBEN), which occurred at a Redeemed Christian Church of God (RCCG), Edo province in The goal of this article is to explore, using a forensic method, the crime of rape in Nigeria, the deficiencies of the Nigerian Criminal Law with respect to the subject of rape, and the realistic and sustainable alternatives that would assist in decreasing the country’s rate of increase.
As a consequence of Nigeria’s fast increasing rape rate, the country’s rape incidents are gradually becoming more deadly, necessitating prompt action. Similarly to other forms of violence against women, rape undermines women’s right to privacy, as well as their capacity to defend themselves and keep their dignity. According to the facts accessible in the written and electronic media, rape is no more an isolated criminal crime that affects a limited number of women in society; rather, rape has grown into a huge social issue that has reached pandemic proportions. Across recent years, the number of rapes perpetrated in Africa, including Nigeria, has soared, directly contributing to the deaths of countless women. If the situation is brought to the public’s attention, the victims are often blamed, demonized, and humiliated by members of the public; nevertheless, there are few procedures or laws in place to protect them. This inhibits victims from acquiring a mindset that may prompt them to report such horrible criminal activity to the appropriate authorities.
1.3 Objectives of the study
The major objective of this study is to analyze the legal definition and categorization of rape in Nigeria. The following is a list of the specific objectives that the study seeks to accomplish:
To research the causes of the increase in the number of rapes in Nigeria in order to identify the suitable punishment for rape.
to research possible rape prevention strategies.
1.4 Research questions
To research the causes of the increase in the number of rapes in Nigeria in order to identify the suitable punishment for rape.
to research possible rape prevention strategies.
1.5 Research methodology
In terms of technique, the research used a doctrinal approach. Thus, it is vital to use both primary and secondary sources, such as the research of legislation, case laws, legal reports, and prominent academics’ textbooks. There was discussion of more library materials, such as journals and newspapers. Obviously, internet sources were included while analyzing current trends in the detection and prevention of crime. Numerous reference books, including encyclopedias, thesauruses, and police diaries, have been cited.
1.6 Significance of the study
This study was conducted at a time when women in Nigeria are suffering emotions of discontent and lack of motivation due to what seems to be an increased number of rape-related activities. As a consequence, the findings of the study will aid in reducing the number of rapes committed and fostering gender equality. Following the conclusion of this research, recommendations will be given about appropriate policies that will advise and educate Nigerians on good rape management practices.
1.7 Scope of the study
This research explores the breadth of the legislation on rape in Nigeria, as well as the evolution of the laws on rape in other countries, with respect to the definition of rape, evidence of rape, ability to commit rape, consent, and rape victims. In addition, the developing laws on rape in Nigeria and other countries are discussed. In addition, the research included recommendations for improving Nigeria’s current legal framework regarding rape.
1.8 Limitations
In this specific study, the researchers anticipated the following limitations:
Because the study was done in a specific region, it is probable that the results cannot be generalized to the rest of the country. The researcher collected the data alone, without aid from research assistants.
Moreover, the current study projected that there would be budgetary constraints. This research could not be conducted because the researcher lacked the necessary funds.
APPRAISAL OF THE OFFENCE OF RAPE UNDER NIGERIA LAW
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