By Fowowe Adetomiwa

INTRODUCTION

Among all offences humans commit against other humans, to rape an individual is heinous, almost unforgivable and totally condemnable. Rape in a legal purview is having unlawful carnal knowledge of any individual without consent or with a forcefully obtained consent.

Over the years in Nigeria and around the globe, there have been numerous reports of rape in headlines and media channels with heartbreaking victims’ stories. This however begs the question, ‘What is being done to quench the fire of rape in becoming a globally accepted culture?’

In an attempt of answering the above question, there are two major components in eradicating the rape culture; of which would be juxtaposed using Nigeria as a case study.

THE GOVERNMENT

Taking a ‘tour’ on the government’s role in ending the rape culture, it would be observed that its major tool is the law; making and enforcing the law. This includes meting out punishments for sexual offences. Nigerian being a case study, herein a brief examination of the legal framework of the government’s fight against rape;

  1. The Criminal Code Act,2004

The Criminal Code Act, being applicable to the southern states of Nigeria, defines rape under section 357:

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 …

The Act under section 358 proffers punishment as thus;

Any person who commits the offence of rape is liable to imprisonment for life, with or without caning.

In this Act, the most important ingredient in proving rape is via penetration. In Ogunbayo v. State[2], the Supreme Court held that sexual interference is deemed complete, upon proof of penetration of the penis into the vagina.

  1. The Penal Code Act,1960

This Act, being applicable to the northern part of Nigeria, recognizes rape to have been perpetuated when there is sexual intercourse against a female’s will and without her consent.[3]

The Act also provides that the punishment for rape is life imprisonment or less with a fine.[4]

  • Violence against Persons (Prohibition) Act,2015

In this Act, section 1(1)(a) defines rape to be when an individual intentionally penetrates the vagina, anus or mouth of another person with any other part of his or her body or anything else without consent. Examining other definitions of rape under the Criminal and Penal Code, it could be inferred that only females can be raped. However, in this Act, it was recognized that males can be raped.

Albeit a commendable effort by the government in making these laws, it is sadly a different narrative in implementing these laws. Information obtained from the International Centre for Investigating Reporting (ICIR) websites indicates that there have been 65 rape convictions between 1973 and 2019 in Nigeria.[5] This number, no doubt is insignificant considering the number of reported cases of rape in the country.[6]

It is on this premise this writer posits that ending the rape culture is more of a social role than an administrative responsibility.

THE SOCIETY

Change will not come if we wait for some other person or some other time. We are the ones we’ve been waiting for. We are the change that we seek.

  • Barrack Obama

Rape culture is the social environment that allows sexual violence to be normalized and justified, fueled by persistent gender inequalities and attitudes about gender and sexuality.[7] The society is solely responsible for making rape a culture.

Apropos of the above and in line with ending the rape culture, certain responsibilities are imperative;

  1. Abstinence from blaming victims

Whenever most individuals hear of rape cases, especially of female victims, questions that paint the victim as the cause are habitually asked: ‘Didn’t she know that skirt was too short?’ These questions are greatly inconsequential to the dreadful act done on such victim. Every human being is free to be wherever and wear whatever as long as it is not contravening any existing law. No reason whatsoever justifies rape. The society needs to start holding perpetuators responsible.

  1. Public enlightenment

Information is undoubtedly an exceedingly powerful weapon which is capable of influencing behaviours, beliefs and the value system of individuals. There still exist individuals who find no fault in sexually violating others. Among all factors responsible for this include the lack of being properly informed about its moral unacceptability, effect, and laws prosecuting such offenders. The society needs to ensure information play a positive role in ending the rape culture.

  • Instilling moral values

This role pertains to both genders and should be executed by parents from the grass root in lives. This entails teaching children the accepted norms of the society as well as morally accepted behaviours. This responsibility is further extended to the society at large. Parents’ role here can equally be executed by the society.

  1. Self defense

Due to the proliferating rate of rape across the globe, coupled with the fact that women are usually victims, there have been means of protection. These means include martial art, pepper spray (commonly referred to as the ladies gun) and so on. Being effective in preventing rape and sexual harassments, these ‘weapons’ should be encouraged, and in fact, legalized if need be.

CONCLUSION

The issue of rape is not one that should be treated likely in any society; this is why all hands must cooperatively be on deck in solving this challenge. Although the government wield the administrative powers in a society, the society herself also have a considerable amount of power and greater responsibilities in putting the rape culture to an end.

[1] Criminal Code Act 2004, s 357

[2] (2007) All FWLR (Pt 365) 408

[3] Penal Code Act 1960, s 282(1)(a-e)

[4] ibid, s 283

[5] Uloaku Ekwegh, ‘Rape and the Provisions of the law in Nigeria’, <https://businessday.ng/opinion/article/rape-and-the-provisions-of-the-law-in-nigeria/amp/> accessed 28 October 2020

[6] ibid

[7] UN Women, ’16 Ways You Can Stand against Rape Culture’, <https://www.unwomen.org/en/news/stories/2019/11/compilation-ways-you-can-stand-against-rape-culture> accessed 29 October 2020