THE LAW ON ASSAULTING WOMEN
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| Source: Google |
SCENARIO 1
It’s been a long week for John, finally it’s TGIF and he can’t
wait to get out of his work routine and meet up with Bisi, a very beautiful girl
he just met at the mall the previous week, they had exchanged text messages and
phone calls for the past week and it just seemed like an eternity before their
date at 5pm. John was turned up and
excited at the thought of dining with Bisi and he hoped to invite her to his
apartment later on in the night.
wait to get out of his work routine and meet up with Bisi, a very beautiful girl
he just met at the mall the previous week, they had exchanged text messages and
phone calls for the past week and it just seemed like an eternity before their
date at 5pm. John was turned up and
excited at the thought of dining with Bisi and he hoped to invite her to his
apartment later on in the night.
Finally, its 10pm, after a lovely meal at the Chinese restaurant
in Ikeja G.R.A, Bisi and John are sitting on his couch paying little attention
to the News on Channelstv and finally John makes his move, he tries to kiss Bisi
but she refuses and playfully pushes him away. John who does not intend to take
no for answer holds Bisi down and begins to touch her. Bisi is scared at this
point and shouts for John to leave her alone, John pays no heed to her calls
for freedom, he forces himself upon her and rapes her.
in Ikeja G.R.A, Bisi and John are sitting on his couch paying little attention
to the News on Channelstv and finally John makes his move, he tries to kiss Bisi
but she refuses and playfully pushes him away. John who does not intend to take
no for answer holds Bisi down and begins to touch her. Bisi is scared at this
point and shouts for John to leave her alone, John pays no heed to her calls
for freedom, he forces himself upon her and rapes her.
THE LAW
By provision of Chapter 30 of the Criminal Code Act, CAP
C38, Laws of the Federal Republic of Nigeria, 2004; Section 357 provides
that;
C38, Laws of the Federal Republic of Nigeria, 2004; Section 357 provides
that;
“Any person who has 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, or, in the case of a married woman, by personating her
husband, is guilty of an offence which is called rape”.
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, or, in the case of a married woman, by personating her
husband, is guilty of an offence which is called rape”.
The law further provides that any person who commits the offence of rape is
liable to imprisonment for life, with or without caning while a person who
attempts to commit the offence of rape is guilty of a felony, and is liable to
imprisonment for 14 years, with or without caning.
SCENARIO 2
Chucks, Femi, Aminu and Teju are flat mates. Chucks invites a
girl he met earlier over. Immediately she walks in, Chucks locks the door, Femi
holds her hands, Aminu rips off her clothes and Teju covers her mouth to
prevent her from screaming, they physically assault her but however do not rape
her before they let her go.
girl he met earlier over. Immediately she walks in, Chucks locks the door, Femi
holds her hands, Aminu rips off her clothes and Teju covers her mouth to
prevent her from screaming, they physically assault her but however do not rape
her before they let her go.
THE LAW
Section 360 of the Criminal Code Act further
states that any person who unlawfully and indecently assaults a woman or girl
is guilty of a misdemeanor, and is liable to imprisonment for two years. Also any
person who, with intent to marry or carnally know a female of any age, or to
cause her to be married, or carnally known by any other person, takes her away,
or detains her against her will, is guilty of a felony, and is liable to
imprisonment for seven years.
states that any person who unlawfully and indecently assaults a woman or girl
is guilty of a misdemeanor, and is liable to imprisonment for two years. Also any
person who, with intent to marry or carnally know a female of any age, or to
cause her to be married, or carnally known by any other person, takes her away,
or detains her against her will, is guilty of a felony, and is liable to
imprisonment for seven years.
SCENARIO 3
Hakeem approaches his friend Mustapha for the hand of his 14
year old daughter, Amina in marriage but Mustapha refuses. Hakeem then lures Amina
to his hotel where he hides Amina for 3 days. Mustapha is distraught at the disappearance
of his daughter and after involving the police discovers Amina in Hakeem’s
hotel.
year old daughter, Amina in marriage but Mustapha refuses. Hakeem then lures Amina
to his hotel where he hides Amina for 3 days. Mustapha is distraught at the disappearance
of his daughter and after involving the police discovers Amina in Hakeem’s
hotel.
THE LAW
Section 362 of the Act states that any person who unlawfully
takes an unmarried girl under the age of sixteen out of the protection of her
parents or guardians against the will of such parents will be guilty of a
misdemeanor, and is liable to imprisonment for two years. It is immaterial if
the offender believed the girl to be above the age of sixteen or if the girl
was taken with her consent.
takes an unmarried girl under the age of sixteen out of the protection of her
parents or guardians against the will of such parents will be guilty of a
misdemeanor, and is liable to imprisonment for two years. It is immaterial if
the offender believed the girl to be above the age of sixteen or if the girl
was taken with her consent.
It is important that any female who has
been the victim of any of the acts mentioned above should file a complaint at
the police station nearest to her in other to ensure the prosecution of the
offender.
Adedunmade Onibokun Esq.
@adedunmade
@adedunmade
Adedunmade Onibokun is a legal practitioner, publisher and blogger. He
holds an LLM in International Business Law from the University of
Bradford and publishes the Nigerian law blog Legalnaija.
@adedunmade
Adedunmade Onibokun is a legal practitioner, publisher and blogger. He
holds an LLM in International Business Law from the University of
Bradford and publishes the Nigerian law blog Legalnaija.