What do you think about this discriminatory law?
There is a provision of
the Criminal Code that I believe may be construed as discriminatory to women
but I want to seek your opinions so together we may rightly define if the law
really does cross the line of discrimination.
the Criminal Code that I believe may be construed as discriminatory to women
but I want to seek your opinions so together we may rightly define if the law
really does cross the line of discrimination.
Over time, I have always
believed that the law favoured women over men but that’s quite understandable,
women being the fairer sex deserve the protection right? But what happens when
it’s the other way around. This is what this law seems to be doing.
believed that the law favoured women over men but that’s quite understandable,
women being the fairer sex deserve the protection right? But what happens when
it’s the other way around. This is what this law seems to be doing.
What will you call a law
that provides a stringent penalty for an offence when it is committed against a male, but provides a more lesser sentence when committed against a female?
that provides a stringent penalty for an offence when it is committed against a male, but provides a more lesser sentence when committed against a female?
What will you call a law
that describes the same act in two ways, it is a misdemeanour when a female is
the victim but it is a felony when a male is the victim. Maybe you can help
shed some light on the intentions of the drafters of this law, maybe there is
something I am missing. Here it goes;
that describes the same act in two ways, it is a misdemeanour when a female is
the victim but it is a felony when a male is the victim. Maybe you can help
shed some light on the intentions of the drafters of this law, maybe there is
something I am missing. Here it goes;
Section
353, Criminal Code Act, CAP. C38, LFN 2004 provides that:
353, Criminal Code Act, CAP. C38, LFN 2004 provides that:
“Any
person who unlawfully and indecently assaults any male person is guilty of a
felony and is liable to imprisonment for three years. The offender cannot be
arrested without warrant.”
person who unlawfully and indecently assaults any male person is guilty of a
felony and is liable to imprisonment for three years. The offender cannot be
arrested without warrant.”
While Section 360, Criminal Code Act, CAP C38, LFN 2004 provides that:
“Any
person who unlawfully and indecently assaults a woman or girl is guilty of a
misdemeanour, and is liable to imprisonment for two years.”
person who unlawfully and indecently assaults a woman or girl is guilty of a
misdemeanour, and is liable to imprisonment for two years.”
The law says the penalty
for assaulting a male person is imprisonment for three years but that same act
committed against a female person attracts a penalty of two years in prison.
Why?
for assaulting a male person is imprisonment for three years but that same act
committed against a female person attracts a penalty of two years in prison.
Why?
Do you agree that it
smirks of some discrimination; I would have thought that assaulting a female
should have the stiffer punishment.
smirks of some discrimination; I would have thought that assaulting a female
should have the stiffer punishment.
Kindly share your thoughts
on the subject matter and let us know what you think.
on the subject matter and let us know what you think.
Thanks.
Adedunmade Onibokun
Photo Credit – www.myfloridalaw.com
