By Mahmood Abdulbasit Adewole Esq

INTRODUCTION:

In recent times, the incessant increase of rape cases, child molestation, sexual abuse and domestic violence in Nigeria is alarming. Many of such incidents are either unreported or underreported because our society has already made it look like it’s a taboo to talk about or against it. The case is so rampant, scary and worrisome that it bothers the mind of every sane person to asking relevant questions like; how and why it is happening and what possible solutions can be explored to fight the inhumane trend.

It’s pathetic that we live in a society where people often accuses the raped victims (especially women) of immoral behavior, tries to force them to forget everything (failing to understand that it’s perplexing, if not impossible), putting them in the position of culprits rather than that of the victims. The prevailing attitudes which constitute to the reasons behind the escalation of this ugly trend in our society goes beyond what some rape-apologists have been ranting and raving about i.e., provocative dressing by the victims of rape (usually women) which is often regarded as wrong signals to making themselves vulnerable to rape by the lustful men and beasts.

As a background, every sane member of our society needs to understand that people neither ask for nor deserve to be abused, harassed, assaulted or raped – ever and in whatever form, so every victim-blaming statements should be outrightly abhorred.

In Nigeria, the situation has soared radically in recent time; many of which are not even reported and this can be witnessed in the recent social upheaval that has shaken the sanity of right thinking people in our society. For instance, on February 13, 2020, two secondary school students of Osogbo Baptist Grammar School in Ogun State who were later found to be members of a secret cult raped a female National Youth Service Corp member who happens to be their class teacher.[1] Also, the case of a suspect who was arrested after having molested and raped an 18-month-old baby girl in Karasuwa LGA of Yobe State is in the news.[2] In Orji community in Owerri North Local Government Area of Imo State, we have the ugly news of a 44-year-old father and his three bosom friends who allegedly raped a fifteen years old girl for two years. Recently, a 100-level student of Microbiology at the University of Benin (UNIBEN) was allegedly raped and killed by some unknown person while reading in a Redeemed Christian Church of God (RCCG) in Benin City.[3] This very sad incident generated widespread national and international coverage and condemnation. The aforementioned sad occurrences, among many others, are extremely shocking and such savagery should have no place in every sane society.

THE CONCEPTUALIZATION, FACES AND PROOF OF ‘RAPE’ UNDER THE NIGERIAN LEGISLATIONS:

To start with, sexual violation is a general term which covers the full spectrum of violations, from sexual harassment to sexual assault and violence.[4] A term which is sometimes used as an alternative to ‘rape’ is ‘sexual assault’, but the conceptualization of the latter is wider than the former. Sexual assault is an act in which a person intentionally sexually touches another person without that person’s consent, or coerces or physically forces a person to engage in a sexual act against their will.[5] It is a form of sexual violence, which includes rape (forced vaginal, anal or oral penetration or drug facilitated sexual assault), groping, child sexual abuse or the torture of the person in a sexual manner.[6]

On the other hand, in defining ‘rape’, the Criminal Code Act[7] under 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 act, or, in case of a married woman, be personating her husband…” This offence is punishable by imprisonment for life, with or without caning.[8] In the same vein, sexual intercourse with under-aged girls or people of unsound mind is the offence of defilement and so technically, a person could be charged for rape and defilement under the criminal code of Nigeria.

The Penal Code of Nigeria[9] under section 282 provides a similar definition. It however added that sexual intercourse with a girl under 14 years of age or one who is of unsound mind is rape, irrespective of whether there is consent. The Code explicitly states that sexual intercourse by a man with his wife is not rape. In the same vein, the Child Rights Act (CRA)[10] under Section 31(2) expressly provides that; sex with a child is rape and anyone who has sexual intercourse with a child is liable to imprisonment for life upon conviction.

Also, section 1 of the Violence Against Persons Prohibition (VAPP) Act[11] provides that; “a person commits the offence of rape if he or she intentionally penetrates the vagina, anus or mouth of another person with any other part of his/her body or anything else… without consent, or the consent is obtained by force. And such person, if convicted, is liable to imprisonment for life.[12] It’s glaring that the VAPP Act is more expansive in its interpretation, as it makes provisions for both male and female sexual offenders. It also takes into consideration in another section, the rape of a person by a group of people (commonly referred to as ‘gang rape’) which is the first of its kind under the Nigerian laws.

From the legislations outlined so far, one can rightly depict that consent is the predominant factor in the offences of rape and sexual assault. Be that as it may, such consent should not be incorrectly obtained, as in the cases of force, threats or intimidation; by means of false and fraudulent representation as to the nature of the act; by the use of substances capable of taking away the will of that person; and by a person impersonating a married woman’s husband in order to have carnal knowledge of the woman etc.

Flowing from the above, if a man deceives a woman and she gives her consent; that will amount to rape. If a man drug a woman and the latter falls asleep, then the man eat the fruit without her consent, rape has been completed. If he threatens to harm or kill the woman and based on that premise, the woman gives in, rape has been completed.

More so, it is settled in law that the essential act of the offence of rape is penetration; else, it turns a mere assault. By and large, sexual interference is deemed complete, upon proof of penetration of the male sexual organ into the female sexual organ, so, ’emission of sperm’ or ‘broken of hymen’ are not necessary requirements to proof the offence rape.[13] Hence, it will be a foolish argument for a man to argue in court that he didn’t enjoy the sexual intercourse with a victim or that he didn’t ejaculate.

However, a mere allegation by a woman that a man raped her is not enough unless there is other evidence to support the case; especially for corroboration. Hence, the questions; Was there a person who witnessed the rape? Was the victim injured? Did the victim struggle with the perpetrator? Did the perpetrator tear the victim’s cloth; particularly her underwear? Was she examined by a medical doctor immediately after the rape? Some of these points are material to proof the offence of rape before the court.

It is however settled in law that though corroboration is desirable, the judge still has the prerogative to decide on whether a particular evidence can or should be corroborated or not. In the case of Reekie v. The Queen[14], the court held inter alia that: “In the cases of a sexual character, it is eminently desirable that the evidence of the complainant should be strengthened by other evidence implicating the accused person in some material particular. It is true that there is nothing in law to prevent the Court from convicting on the corroborated evidence of the complainant, but it is an established rule that the presiding Judge must direct himself and the assessors in such a case on the desirability of there being corroboration of the complainant’s evidence.”

Also, in Upahar v. State[15], the court held that; “a piece of evidence offered as corroboration for the offence of rape must be (a) cogent, compelling, and unequivocal as to show without more that the accused committed the offence charged; (b) an independent evidence which connects the accused with the offence charged; and (c) evidence that implicates the accused in the commission of the offence charged.”

All in all, the proper direction from the aforementioned judicial authorities is to conclude that it is not safe to convict on the uncorroborated evidence of the prosecutrix. Thus, the court may, after paying due attention to the warning, nevertheless convict the accused person if it is satisfied with the truth of the victims evidence.[16]

ROOT CAUSES OF RAPE AND/OR SEXUAL VIOLATION IN THE SOCIETY:

May I humbly start by categorically stating that I am not and will never be a rape apologist, so this is never an attempt to justify the crime of rape; sexual assault or any other crimes; for all crimes would always be wrongful and unlawful in the eyes of law, while the perpetrators would face the wrath of the law as a consequence for their heinous and ungodly actions. Be that as it may, there is still need to trace the root causes of this malady in order to know why the commission and escalation in our contemporary society, then put an active check and subsequently proffer possible solutions to curb its spread and forestall future occurrences.

The contributory causes of the ugly trend of rape and other related sexual violations range from stupendous rise in poor parenting and guardianship; continuous normalization and usage of hard drugs and other intoxicants; free mingling of women with the opposite sex (especially, strange men) all in the name of having fun; bad companionship or peer group’s influence; promotion of nudity by the entertainment industry and the society at large; provocative dressing by women before strange men in seclusion and even public places; access to sex drugs and brothels; poverty; unemployment; money ritual and related devilish purpose by the perpetrators; failure of the survivors to report or speak out against the ugly incidence; failure of spiritual leaders and guardians to regularly admonish religious values from tender age; and most importantly, failure of the law enforcement agencies and relevant judicial officers to successfully prosecute and/or secure conviction against the perpetrators etc.

Not until the aforementioned causes are well addressed and taken care of, the cry against the ugly trend of sexual violation continues, and this night, like most others, in clubs, garages, uncompleted buildings and other places, hundreds of girls will still be raped and as usual, will be unreported. God’s aid and intervention is sought.

THE EFFECTS OF RAPE AND/OR SEXUAL VIOLATION TO THE VICTIMS AND THE SOCIETY:

The consequences of rape to the victim (woman or man) can be classified as physically, psychologically or emotionally traumatic. Among the physical effects include certain disruptions on the victim’s natural bodily functions, particularly to the reproductive system; unwanted pregnancies; transmission of sexually transmitted diseases such as HIV/AIDS that could affect the health of the victims in the short and long term or even leading to their death etc.

The psychological effects range from mental and emotional trauma through solitude and exclusion; self-pity or self-blame which is partly caused by the social stigma or shame that societies or communities wrongly attribute to the victims. In some cases where a woman is raped, she is always in fear of being marked a ‘whore’ or a woman of bad character, which ultimately prevents her from reporting the crime. The most striking effect of rape or sexual assault is the suicidal tendencies by the victims who often feel that there is no longer hope for them and that they are not worthy of living again.

On the other hand, the effects of rape to the society will essentially revolve around the response the society makes. Ordinarily, the society ought to provide emotional; physical and every feasible support for the victims of rape or sexual assault and help them get over the trauma they have faced. However, the scenario is quite different in this part of the world where rape victims are neglected and the societal response is usually negative; ranging from absence of social and legal justice, as well as putting the blame on the victims themselves; since they are often considered as outcasts in the society and thereby, left alone to battle with the aftermath of the ugly incident.

SOLUTIONS:

In spite of the prevalent cases of rape and other related sexual violations or offences in our society, the prosecution and conviction of sexual offenders are still extremely low. No doubt, these sad attitudes encourage the survivors to hide in guilt and shame; while the perpetrators continue to indulge in the unlawful acts with impunity. Consequent upon this, human rights’ activists, scholars and great writers have postulated numerous solutions to curb the menace of rape and other related sexual offences in our society. The list is inexhaustible, but I have only gathered ten (10) notable ones[17] that can be explored for the purpose of mitigating (if not, eradicating) the ugly trends in our society:

First, the need for proper parental and/or guardian guide. It is a duty upon the parents and/or guardians to fix the way and the environment they raise their children. They should ensure that the children are never exposed to violent movies, pornographic materials and bad peer group. Parental attention should be paid to the raising of the boys and girls to becoming better men and women respectively, so that the former would respect women in all ramifications and the latter would keep to necessary preventive measures to keep them safe.

Second, religion is a key social bond and control that can influence the criminal nature of emerging adults. Thus, the religious leaders and/or preachers should prioritize the dissemination of lectures on unadulterated religious teachings and values that can cure the moral decadence in the society.

Third, the society can reduce the prevalence of rape if they listen to the rape survivors’ experiences and promptly respond to their needs accordingly, for we now live in an era where the survivors speak out more than ever before, so, the society needs to reciprocate by reading and listening to their stories, then act accordingly.

Fourth, there is need to build and engage in healthy, respectful relationships (not just anyhow relationships with anyone), for this could defeat the defense of lack of consent raised by the victim of rape. I read a case of rape where in court, the victim (a girl) under cross examination was asked: Do you know that you are a prostitute? And the girl answered: he is my boyfriend, I’m not a prostitute, and this is how the rape case failed against the alleged perpetrator.

Fifth, the government at all levels; most importantly the legislators should legislate on anti-sexual assault programs and a more severe punishment for sexual offenders, the executive would also implement and execute the laws with topnotch sincerity, and the judiciary would do their duty judicially and judiciously; devoid of unnecessary law technicalities. The government should also increase the advocacy and awareness about the history, myths and realities of sexual assault and particularly, as it concerns the offence of rape, while stressing the fact that it’s not just morally abhorrent, but also punishable under the extant laws.

Sixth, there is need to sensitize the society on the need for the survivors and/or victims of rape to know their rights as citizens and feel secure to report the cases without fear of ‘victim-blaming’ from the members of the society and reprisals from the perpetrators or family members; while having a firm knowledge that justice will prevail and the perpetrators will be severely dealt with the sword of law for the crime committed accordingly.

Seventh, the law enforcement agencies need to be proactive, updated and move with the global technological trend in a bid to drastically reduce crime rate in our society. They should install functional security cameras in all public places and promptly act with high level of professionalism during any report of crime by the citizen. They should leave no stone unturned while finding the perpetrators of this heinous acts and bringing them to justice. With this, the society would cooperate better and be convinced that truly, the law enforcement agencies are true friend of the citizens.

Eighth, everyone (especially the girls) needs to take a self-defense class where different preventive measures would be taught, while pledging not to ever commit and/or condone acts of sexual abuse or violence. Hence, every victim and witness of sexual violation at home, workplace, public places or other places has the moral obligation to expose the every wrongful and unlawful act to the right authority. The mind, body and most importantly, the voice are the powerful tools for prevention in the aforementioned class.

Ninth, the society needs to invest in women. People should donate to organizations that empower women, amplify their voices, support survivors and promote acceptance of all gender identities and sexualities, for the fight against sexual violations and other crimes is not only the duty of the government, but requires a holistic approach from the government and the governed.

Tenth, the right thing to do as a people is to work to create safe places for the girls and women in our homes, at work and in our places of worship; free from all sorts of sexual violation and violence. Most importantly, we should not join the league of rape-apologists who are the worst set of people after the perpetrators when it comes to issues of sexual violation. If we must end and/or drastically minimize the ugly trend now, then it requires an immediate holistic approach from every member of the society with a singular echoing voice; NO TO RAPE, NO TO CRIME![18]

CONCLUSION:

Nigeria can make progress beyond words on paper toward eliminating sexual assault and all forms of sexual violations against the victims (mostly, women and girls) by breaking the devitalizing culture of silence and reforming social structures that permit the heinous and ugly trend plaguing our dear country. There is no better time to take this radical approach than now, for it is high time everyone demanded justice and lasting solutions to every society that perpetrate such animalistic behaviour and injustices against the members of our society. It is time we encourage productive discussions, take proactive measures that will change society’s attitudes towards sexual violations and procreate workable solutions to eradicate this intolerable social menace once and for all.[19]

Mahmood Abdulbasit Adewole is a Nigerian legal practitioner by profession and an ardent writer by passion. He holds a LL.B double honours degree in Common and Islamic Laws from UDUS, and B.L from Nigerian Law School. He can be reached via; [email protected] or 08167744049.

[1] Assessed last on 2nd June, 2020

[2] Assessed last on 2nd June, 2020

[3] Assessed last on 2nd June, 2020

[4] Assessed last on 2nd June, 2020

[5] ^ a b Peter Cameron, George Jelinek, Anne-Maree Kelly, Anthony F. T. Brown, Mark Little (2011). Textbook of Adult Emergency Medicine E-Book . Elsevier Health Sciences . p.658. ISBN 978-0702049316.

[6] ^ Assault, Black’s Law Dictionary, 8th Edition. See also Ibbs v The Queen , High Court of Australia, 61 ALJR 525, 1987 WL 714908 (sexual assault defined as sexual penetration without consent); Sexual Offences Act 2003 Chapter 42 s 3 Sexual assault (United Kingdom), (sexual assault defined as sexual contact without consent), and Chase v. R. 1987 CarswellNB 25 (Supreme Court of Canada) (sexual assault defined as force without consent of a sexual nature)

[7] Cap C38, Laws of Federation, 2004

[8] Ibid, Section 358

[9] Cap 89, Laws of Federation, 2004

[10] (2003) Applicable only in states that have domesticated it

[11]( 2015)

[12] Section 1(2) VAAP (Prohibition) Act, 2015

[13] See R. v. Alien 9 C & P. 31

[14] (1954) 14 WACA 501 (a), 502

[15] (2003) 6 NWLR (Pt. 816) 230

[16] See the case of Iko v. The State (2001) 14 NWLR (Pt. 732)

[17] A.M Adewole Esq., a Barrister and Solicitor of the Supreme Court of Nigeria.

[18] Ibid

[19] Ibid