Victim-Blaming in the Nigerian Legal System: A Barrier to Justice

Introduction

Victim-blaming remains one of the major barriers to justice in the Nigerian legal system. Instead of focusing on the actions of offenders, victims of crimes, especially sexual offences and domestic violence, are often questioned about their clothing, behaviour, relationships or actions before the incident. This shifts responsibility away from perpetrators and places it on victims who have already suffered harm.

In Nigeria, many victims face fear, shame and social stigma when reporting crimes. As a result, victim-blaming discourages victims from speaking out, weakens confidence in the justice system and allows offenders to escape accountability.

This article examines victim-blaming in the Nigerian legal system, its effects on victims, existing legal protections and recommendations for reform.

Understanding Victim-Blaming

Victim-blaming refers to situations where a victim is seen as partly responsible for the harm they suffered. In criminal cases, this often involves questioning the victim’s conduct instead of focusing on the offender’s actions.

According to Davies (2007), victim-blaming concerns perceptions of a victim’s blameworthiness or culpability. In many criminal justice processes, blame is sometimes shifted from the offender to the victim.

Common examples of victim-blaming include:

• Asking rape victims what they were wearing.
• Suggesting that domestic violence victims provoked abuse.
• Questioning why victims delayed reporting offences.
• Using a victim’s past relationships or lifestyle to attack credibility.

These attitudes normalise abuse and discourage victims from seeking justice.

Victim-Blaming in the Nigerian Legal System

Victim-blaming exists both socially and institutionally in Nigeria.

Cultural and Social Factors

Many victims are discouraged from speaking out because of cultural beliefs about family honour, marriage and public shame. Victims of sexual violence are often labelled immoral or careless instead of receiving support and protection.

Fear of stigma and public judgement also prevents many victims from reporting offences.

Challenges Within the Criminal Justice System

Victims sometimes face insensitive treatment from law enforcement officers. In some cases:

• Complaints are dismissed.
• Victims are pressured into settlements.
• Victims are repeatedly questioned in ways that force them to relive traumatic experiences.

Courtroom procedures can also contribute to victim-blaming. During cross-examination, defence counsel may focus heavily on the victim’s appearance, behaviour or personal life rather than the conduct of the accused person.

In addition, long delays and repeated adjournments discourage many victims from pursuing justice.

Effects of Victim-Blaming

Victim-blaming has serious consequences for victims and the justice system in Nigeria.

1. Psychological Harm

Victim-blaming often deepens trauma. Victims may experience:

• Shame
• Guilt
• Anxiety
• Emotional isolation

Instead of receiving support, many victims feel blamed for offences committed against them.

2. Underreporting of Crimes

Many victims avoid reporting crimes because they fear humiliation, disbelief or public judgement. This contributes to the low reporting rates for sexual offences and domestic violence in Nigeria.

3. Weakening of the Justice System

When victims lose confidence in the justice system, public trust declines. At the same time, offenders may feel encouraged because accountability is weakened.

Legal Reforms and Victim Protection in Nigeria

Nigeria has introduced laws aimed at protecting victims and addressing violence.

1. Violence Against Persons (Prohibition) Act 2015

The Violence Against Persons (Prohibition) Act (VAPP Act) criminalises several forms of violence, including:

• Rape
• Domestic violence
• Stalking
• Emotional abuse

The VAPP Act represents an important step towards protecting victims in Nigeria. However, enforcement challenges and limited domestication across states continue to reduce its effectiveness.

2. Administration of Criminal Justice Act 2015

The Administration of Criminal Justice Act (ACJA) seeks to improve fairness and efficiency in criminal proceedings.

Proper implementation of the ACJA can help:

• Reduce delays in criminal trials.
• Improve victim protection.
• Promote fair treatment during court proceedings.

Despite these legal reforms, societal attitudes and weak enforcement remain major obstacles to justice.

Recommendations for Addressing Victim-Blaming

1. Improve Training for Justice Officials

Police officers, lawyers and judges should receive training on trauma-informed and victim-sensitive approaches.

2. Increase Public Awareness

Public education campaigns should challenge harmful stereotypes and emphasise that responsibility for crimes lies with offenders, not victims.

3. Strengthen Victim Support Services

Victims should have access to:

• Legal aid
• Counselling services
• Confidential reporting systems
• Safe shelters

4. Enforce Protective Laws Effectively

Protective laws such as the VAPP Act must be properly enforced and adequately funded to ensure effective protection for victims.

Conclusion

Victim-blaming continues to undermine access to justice in Nigeria by discouraging victims from reporting crimes and shifting responsibility away from offenders.

Although laws such as the VAPP Act and ACJA provide important protections, legal reforms alone are not enough. Meaningful change requires stronger institutions, public awareness, effective implementation of laws and a justice system that treats victims with dignity and fairness.

Until victims can seek justice without fear of humiliation or blame, true justice in Nigeria will remain incomplete.

References

Okeke, G. N. & Ilobinso, M. O., “An Appraisal of the Offence of Rape Under Nigerian Laws”, UNIZIK Law Journal, Vol. 17 No. 1 (2021).

Jibril, A. M. & Hussain, H. A., “Legal and Cultural Barriers to Protecting Women from Sexual Violence in Nigeria: A Human Rights Perspective”, Udayana Journal of Law and Culture (2026).

Ashiru, A., “Participation of Victims of Crimes in Judicial Proceedings in Nigeria: Towards a Paradigm Shift?”, AEFUNAI Law Journal of Public and Private Law.

Ikuteyijo, O. O. et al., “Stakeholders’ Engagement with Law to Address Gender-Based Violence in Southwest Nigeria”, BMJ Public Health.

Violence Against Persons (Prohibition) Act, 2015.

Administration of Criminal Justice Act, 2015.

By Sheila Njar