Defilement and rape cases in Nigeria have increased exponentially in recent years to the extent that it is now being referred to as an endemic. According to the National Survey on Violence against Children in Nigeria conducted in 2014, one in four women had experienced sexual violence in childhood with approximately 70% reporting more than one incident[1]. Similarly, in a 2017 report of National Bureau of Statistics, 2,279 cases of rape and indecent assault were reported in 2017.

Recently, the reported cases of rape and murder of Vera Uwaila Omozuwa, a 22-year-old Microbiology student of University of Benin in a church and that of 18-year-old Barakat at her home at Akinyele, Kara Market, Ibadan have sparked outrage and protest by Nigerians across all levels. Many Non-Governmental Organisations, Civil Societies, Political Office Holders and individuals are now calling for the imposition of death penalty on offenders. The Proponents of imposition of death penalty hinged their argument on the need for deterrence. It is however submitted that the imposition of death penalty on offenders is not desirable and what should be clamored for is the effective enforcement of the existing laws and not death penalty as such imposition may be counterproductive.

It is pertinent at this juncture to consider extant laws on defilement and rape in Nigeria.  With respect to defilement, section 218 of the Criminal Code Act[2] provides that any person who has unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony and liable to imprisonment for life with or without caning. Any person who attempt to have unlawful carnal knowledge of a girl under the age of thirteen years is guilty of felony and liable to fourteen years’ imprisonment with or without caning. The criminal code however states that the prosecution for the offence of defilement shall be begun within two months after the offence is committed and a person cannot be convicted upon the uncorroborated testimony of one witness.

With respect to rape, the Criminal Code Act which is in pari-material with the provisions of Penal Code applicable in Northern Nigeria states 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 threat 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 married woman by personating her husband is guilty of an offence called rape[3]. The Act also provide that any person who commit the offence of rape is liable to imprisonment for life with or without caning[4] and any person who attempts to commit the offence of rape is guilty of felony and liable to imprisonment for fourteen years with or without caning[5].

The Violence against Person Prohibition Act (VAPP) 2015[6] defines rape as when a person intentionally penetrates the vagina, anus or mouth of any person with any part of his or her body or anything else without consent or with incorrectly obtained consent and prescribes life imprisonment for offender. The Child Rights Act also state that sex with a child is rape and prescribes the punishment of life imprisonment[7].

From the examination of the punishments prescribed by the extant laws, fourteen years imprisonment is prescribed for attempted defilement and rape and life imprisonment for the offence of defilement and rape. It is submitted that the penalty prescribed for the offences in the extant laws are sufficient and stiff enough to serve as deterrence, if properly enforced. Poor implementation of existing laws, improper investigation, poor handling of exhibits and lack of knowledge of limitation period for prosecuting cases of this nature by security officers as well as vilification of victims account for lack of justice for victims. Hence, the call for death penalty is absolutely not necessary and undesirable.

The imposition of maximum penalty of death may be counterproductive. Firstly, there is possibility of human error where an innocent person may be executed and once execution is done, it cannot be reversed. Secondly, rape by its nature is an offence in secrecy which the only eye witness and prime witness is the victim. Where the existing laws are amended to provide for death penalty, the offender may proceed to kill the victim to cover his tracks and thereby denying the victim the benefit of living to tell her story. Thirdly, the imposition of death penalty may lead to more crimes and loss of more lives as offenders may commit more crimes to cover the rape, eliminate potential witness in order to prevent their arrest and conviction. Moreover, there is no proof that death penalty reduces crime.

In conclusion, the punishments prescribed in the extant laws are sufficient and the call for a stiffer penalty of death is absolutely unnecessary and undesirable. The imposition of death is not the panacea for rape. Nigerians and other interested parties should rather clamor for effective and efficient enforcement of the existing laws and improvement on investigation by security operatives to ensure justice for victims.

It is recommended that Nigerian Security Operatives particularly the Police should be trained on the ingredients of rape and defilement, statutory limitation for instituting prosecution and exhibit handling. It is highly recommended that lawyers within the Police Force should be included in the investigation of crime. Victims and their families should also be encouraged to immediately report defilement and rape to afford security agencies carry out effective investigation and avoid elimination of valuable exhibits. There should also be a National Convicted Rapists’ register online and publish in a conspicuous place in all Local Government Secretariats as the stigma may deter prospective offenders.Proper education of children, teens, youths, and everyone on how to protect and defend themselves will also be a plus. People should be well informed that self defense is allowed.

 

[1]Rape and Murder of Student in Church Spark Outrage across Nigeria <https://www.theguardian.com/global-development/2020/jun/02/and-of-student-in-church-spark-outrage-across-Nigeria> accessed 12th June, 2020

[2] Cap.C28Laws of Federation of Nigeria, 2004

[3] Section 357 Criminal Code Act, LFN 2004, 282 Penal Code

[4] Section 358 ibid

[5] Section 359 ibid

[6] Section 1

[7] Section 31