The Kaduna state government has proposed life imprisonment
for rapists, especially where minors are involved. Try as one might, it is
difficult to comprehend why a man will rape anyone at all, much less a minor.
Short of being mentally deranged, I cannot think of any excuse for such…
While the proposition of life imprisonment is very
commendable, some people are of the opinion that it is a lenient punishment.
They have instead opted for other penalties such as maiming, castration,
various forms of inhumane treatment or the definite price, the death penalty.
Though some may argue that these are extreme measures and are
not in line with the laid down laws, it can also be argued that the victims of
these rape incidents are marred for life. They suffer various levels of
self-blame, depression, anger, shame, intimidation and fear. They are exposed
to sexually transmitted diseases, unwanted pregnancies, uterine fibroid,
amongst many other negative effects and only a few are able to rise above such
horrific incidents to live a fulfilling life. Some who are sexually abused at a
young age may require treatment for the rest of their lives.
Be that as it may, we must also bear in mind that both male
and female are affected by these heinous acts. Lots of young boys and girls
these days suffer different forms of sexual abuse from older ones, especially
those they trust. This makes it difficult for them to trust reliable people who
truly care about them when they grow up.
Victims of sexual assaults are advised to do all or any of
to a safe place, call a family member or trusted friend who can provide the
all physical evidence and report the crime to the police immediately.
medical care as soon as possible.
down as much as can be remembered including a description of the attacker.
with someone who is trained to assist sexually assaulted victims.
The healing process is usually a long one and some victims of
sexual assault tend to suffer from the effects for the rest of their lives.
Which brings us back to the question, why should the perpetrator of a sexual
assault be allowed to carry on living, even if it is behind bars? Perhaps, the
world would be a safer place without such perpetrator in it?
What do you think?
Ed’s Note – This article was originally published here
|Credits – Google
Violence Against Persons (Prohibition) Act 2015 recently signed into law is an
act to eliminate violence in private and public life, prohibit all forms of
violence against persons and to provide maximum protection and effective
remedies for victims and punishment of offenders in Abuja.
law begins in Section 1 by defining rape as the intentional penetration of the
vagina, anus or mouth of another person if such person does not consent to the
said penetration or if the consent is obtained by force or means of threat or
intimidation. It also recognises that women can commit rape as well. Section 2 states that a person if found
guilty of rape will be liable to imprisonment for life except where the
offender is less than 14 years in which such person will be liable to a maximum
of 12 years in prison, however, in other cases such person can only be
sentenced to a minimum of 12 years in prison. If the rape is however committed
by a group of persons, the offenders are liable jointly to a maximum of 20
years imprisonment without option of fine and the court shall also award
compensation to the victim. The law also states that a register of convicted
sex offenders shall be maintained and accessible to the public.
new law also provides that anyone who wilfully causes or inflicts physical
injury on another commits an offence and
is liable on conviction to a jail term not exceeding 5 years in prison or a
fine not exceeding
N100, 000 or both.
anyone who incites, aids, abets or counsels another person to commit an act of
violence is liable on conviction to a term of imprisonment not exceeding 3
years or a fine not exceeding
N200, 000 or both. The court may also
award compensation to the victim.
according to the law, coercing another to engage in acts that are detrimental
to the person’s physical or psychological well being is an offence and a person
is liable on conviction to imprisonment for 3 years. Anyone who also wilfully places a person in
fear of physical injury commits an offence and is liable on conviction to a term
of imprisonment not exceeding 1 year to a fine not exceeding of
another to commit an act either sexual or otherwise, to the detriment of the
victim’s physical or psychological well being is an offence and a guilty party
is liable on conviction to a jail term not exceeding 2years.
|Credits – Google
is worthy to note that the law prohibits female circumcision and offenders will
be liable to imprisonment for a term not exceeding 4 years or to a fine not
N200, 000 or both. An attempt to commit the act also attracts
a jail term not exceeding 2 years and a fine not exceeding
law also provides for forceful ejection from the home wherein a person who
forcefully evicts a spouse or refuses them access commits an offence and liable
to a jail term not exceeding 2 years or a fine not exceeding
both. The law also states that depriving another of his or her liberty without
a court order is an offence and a person convicted is liable to a jail term not
exceeding two years or a fine not exceeding
mischief or destruction of property with intent to case distress is also an
offence and a guilty party will be liable to jail term not exceeding two years
in prison or a fine not exceeding
|Credits – Google
offence is also forcefully isolating a person from friends and family and a
guilty person on conviction will be liable to imprisonment for a term not
exceeding 6 months or a fine not exceeding
N100, 000 or both.
a person who causes emotional, verbal and psycholoical abuse on another also
commits an offence and is liable on conviction to jail time not exceeding 3
months or a fine not exceeding
N100, 000 or both. Subjecting a widow to
harmful traditional practices is also an offence under the Act and offenders
will be liable to jail term not exceeding 2 years or a fine not exceeding
000 or both.
look forward to further write ups on the Legalnaija blog where I will be
sharing the other provisions contained in the Violence Against Persons Act
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.
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.
By provision of Chapter 30 of the Criminal Code Act, CAP
C38, Laws of the Federal Republic of Nigeria, 2004; Section 357 provides
“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”.
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.
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.
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.
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
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.
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
Adedunmade Onibokun Esq.
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.
lawyer and blogger, I come across many reports bothering on sexual crimes. I bet
you have as well. I particularly remember the shocking news out of India when
four men raped and killed a lady who commuted in the same vehicle with them.
Don’t push your nose up just yet at the Indians; we both know such similar stories
come out of your city or communities as well. Sexual crimes are a universal problem
which the courts and law enforcement agencies come across almost daily, I
wonder why we have so many
perverts and sexual predators people committing
such crimes in today’s society.
State,Nigeria, the Criminal Code Law (2011) in Section 258 (1) provides that “any man who has unlawful sexual intercourse
with a woman or girl, without her consent, is guilty of the offence of rape and
liable to imprisonment for life”. A life time in prison is a long time to
cool off in jail because you can’t
zip up control
your sexual urges. Plus, it’s important to identify that fine line between
seduction and attempted rape, the law further states in Subsection (2) that “a woman or girl does not consent to sexual
intercourse if she submits to the act by reason of force, impersonation, threat
or intimidation of any kind, fear of harm or false or fraudulent representation
as to the nature of the act”. I wonder if religious leaders who cajole
their followers to have sexual intercourse come under this head, what do you
intercourse between a man and a woman who are married is not unlawful and sexual
intercourse is complete on the slightest penetration of the vagina or any other
part for that matter as seen in Section 259 which says “any person who penetrates sexually the anus, vagina, mouth or any other
opening in the body of another person with a part of his body or anything else,
without the consent of the person is guilty of a felony and liable to imprisonment
for life”. Wow, like I earlier stated, life in jail is a long time for a
crime that takes less than a few minutes to execute, in my opinion, it’s
definitely not worth it, even an attempt to sexually assault or rape is a
felony liable to imprisonment for fourteen (14) years, I bet you don’t want
is a big thing that could get you a 3 year jail term in Lagos State, you cannot
even touch another person sexually without their consent or you could be liable
to imprisonment for three (3) years, that means
squeezing the yansh grabbing
a co-worker or passerby in a sexual manner without their consent is not a good
idea either (S. 261(1)).
harassment is unwelcome sexual advances, request for sexual favours, and other
visual, verbal or physical conduct of a sexual nature which when submitted to
or explicitly affects a person’s employment or educational opportunity or
unreasonably interferes with the person’s work or educational performance;
or explicitly suggests that submission to or rejection of the conduct will be a
factor in academic or employment decisions; or
an intimidating, hostile or offensive learning or working environment”.
consents if he agrees by choice and has the freedom and capacity to make and
communicate that choice. In determining whether a person charged had reasonable
grounds for believing that another person consented, the court shall have
regard to all the circumstances, including any steps taken by the defendant to
ascertain whether the woman or girl consented. So when a girl says no, she
means no. You may ask how can one tell if she’s saying no but means yes, well,
she is saying no and putting your penis into her vagina if she implies
yes by her other actions or speech, that will be a question for the court to
is another ball game, meaning
to fuck an animal to have sexual relations
with an animal is a no-no, any person who has sexual intercourse with an animal
is guilty of a
and is liable to imprisonment for three (3) years (S.265).