RAPE: WHAT NIGERIAN LAW SAYS
Rape is generally defined as unlawful sexual intercourse carried out forcibly or under threat of injury against a person’s will or with a person who is beneath a certain age or incapable of valid consent because of mental illness, mental deficiency, intoxication, unconsciousness, or deception.
Under Nigerian Law, the offence of Rape is limited to the actions of a man against a woman and requires at least a slight penetration of the penis into the vagina to constitute rape. This definition has however been broadened by judicial pronouncements to include unlawful sexual activity with a person without consent whether by force, threat or intoxication.
It should be noted that rape is a form of sexual assault with penetration being the defining factor. Other forms of sexual assault include indecent assault, abduction, defilement etc and they are all punishable under the Criminal and Penal Codes.
What Nigerian Law Says.
Both Section 357 of the Criminal Code and Section 282 of the Penal Code define rape as unlawful carnal knowledge of a woman or girl,
- without her consent, or with her consent;
- if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm;
- or by means of false and fraudulent representation as to the nature of the act;
- in the case of a married woman, by impersonating her husband.
The Child Rights Act 2003 further expanded the applicability of the provisions on rape to include statutory rape i.e. unlawful sexual intercourse with children less than 18 years.
The statutes all provide for punishment of life imprisonment for any person found to have committed the offence of rape, whilst an attempt to commit rape would attract imprisonment of 14 years upon conviction.
Proof of Rape
In Nigeria, the most important and essential ingredient in proving the offence of rape is penetration. The Court will deem that sexual intercourse is complete upon proof of penetration of the penis into the vagina. Any or even the slightest penetration will be sufficient to constitute the act of sexual intercourse and emission or the rupture of the hymen is unnecessary to establish the offence of rape.
Also important in proving the offence of rape is the issue of consent, a man will be said to have committed rape if he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it or where such consent is obtained by force or threat or intimidation or fraudulent representation.
(Reference Ogunbayo v. State (2007) 8 NWLR (pt. 1035) 157)
Conclusion
From the above it is clear that there the need to bring the laws relating to rape up to date with current realities in Nigeria, a starting point should be an expansion of the definition of what constitutes rape to include rape committed by females on males, as well as same sex rape.
It is also important to identify that force doesn’t always refer to physical pressure as perpetrators may use emotional coercion, psychological force, or manipulation to coerce a victim into non-consensual sex.
