Understanding Rape Laws in Nigeria

Understanding Rape Laws in Nigeria: Legal Framework, Challenges and Reforms.

Introduction

Rape is a heinous crime with severe and far-reaching consequences. In Nigeria, it is addressed through various legislative frameworks, including the Criminal Code for Southern Nigeria the Penal Code for Northern Nigeria, the Child’s Rights Act, and the Violence Against Persons (Prohibition) Act (VAPP) 2015. These rape laws in Nigeria aim to deter the crime and ensure justice for victims through stringent punishments.

Legal Definition of Rape in Nigeria

Rape laws in Nigeria define rape as a form of sexual assault that involves sexual intercourse or penetration carried out without a person’s consent. This may occur through physical force, coercion, abuse of authority, or when the victim is incapable of giving valid consent, such as in cases involving unconsciousness, incapacitation, intellectual disability or underage victims.

Criminal Code (Section 357): Defines rape as unlawful carnal knowledge of a woman or girl without consent, or with consent obtained by force, threats, intimidation or false and fraudulent means.

Penal Code (Section 282): Specifies that rape occurs when a man has sexual intercourse with a woman against her will, without her consent, or under false pretenses. It also states that intercourse with a wife is not considered rape if she has reached puberty. Specifically, “1) A man is said to commit rape who … has sexual intercourse with a woman in any of the following circumstances: – (a) against her will; (b)without her consent; (c) with her consent, when her consent has been obtained by putting her in fear of death or of hurt; (d) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is the man to whom she is or believes herself to be lawfully married; (e) with or without her consent when she is under fourteen years of age or of unsound mind.
(2) Sexual intercourse by a man with his own wife is not rape, if she has attained to puberty.

While the specific wording varies, the core definition of rape in both codes is essentially the same:

Unlawful carnal knowledge: This means sexual intercourse without legal justification.

Without consent: The act must occur without the victim’s agreement.

Obtained by force or fraud: Consent can be invalidated if obtained through coercion, threats, or deception.

Child’s Right Act 2003 (Section 31 (1) & (2)): Provides that any person that shall have sexual intercourse with a child commits an offense of rape and is liable to conviction of imprisonment for life.

Violence against Persons Prohibition Act 2015: (Commonly referred to as VAPP Act) (Section 258): Provides that “A person commits the offense 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 if the consent is obtained by force”. This provision is particularly significant as it recognizes rape beyond traditional notions, acknowledging that any non-consensual penetration, regardless of the body part or object used, constitutes rape. The VAPP Act also includes provisions for both male and female perpetrators, reflecting a comprehensive approach to tackling sexual violence.

Essential Elements of Rape

To secure a conviction under rape laws in Nigeria, the prosecution must establish three key elements:

Penetration: There must be penetration of the victim’s vagina or anus by the offender’s penis.

Lack of consent: The victim did not agree to the sexual act.

Use of Force or fraud: The offender used force, threats, or deception to compel the victim.

Punishments For Rape in Nigeria

The punishments outlined under rape laws in Nigeria are severe:

Criminal Code (Section 358): Applicable mainly in southern Nigeria, prescribes a severe penalty for rape. It states that “Any person who commits the offence of rape is liable to imprisonment for life, with or without caning.” This provision underscores the gravity with which the Nigerian legal system views the crime, offering no leniency and ensuring that those found guilty face life imprisonment, reflecting the seriousness of their offense.

Penal Code (Section 283): It provides that “Whoever commits rape shall be punished with imprisonment for life or for any less term and shall also be liable to fine.” Like the Criminal Code, this provision emphasizes life imprisonment, while also introducing the possibility of a fine. The inclusion of a fine, however, does not lessen the severity of the punishment, as life imprisonment remains the primary sentence.

Child’s Rights Act: The protection of children from sexual abuse is of paramount importance in Nigerian law, as reflected in the Child’s Right Act 2003. Section 31 stipulates that “Unlawful sexual intercourse with a child – life imprisonment.” This provision highlights the extreme vulnerability of children and the need for their protection. The law ensures that any individual who engages in sexual activities with a child faces the highest possible penalty: life imprisonment. Also, Section 32 of the Child’s Right Act addresses “Other forms of sexual abuse and exploitation,” prescribing a punishment of 14 years imprisonment. This section ensures comprehensive coverage of various forms of sexual exploitation, offering robust protection for children against a wide array of sexual offenses.

The Violence Against Persons (Prohibition) Act 2015: Minimum of 12 years imprisonment, up to life, with special provisions for offenders under 14 and gang rape cases.

Challenges in Prosecuting Rape Cases in Nigeria

Despite the existence of stringent laws, prosecuting rape cases in Nigeria remains an arduous task and faces several challenges:

Social Stigma: Victims often face immense societal pressure to remain silent due to fear of judgment, ostracism, or even retaliation. This stigma not only discourages victims from reporting the crime but also undermines their credibility when they do come forward.
Lack of evidence: In many cases, rape is often difficult to prove, particularly when there is an absence of physical evidence, such as injuries or DNA samples. The reliance on physical evidence can be problematic, especially in cases where the assault is not immediately reported, or where the victim does not undergo a medical examination.
Corrupt law enforcement: There are instances where cases are mishandled, evidence is compromised, or investigations are deliberately stalled further complicating prosecution. This corruption can erode trust in the legal system, deterring victims from seeking justice.
Weak prosecution: Prosecutors may lack the necessary expertise or resources to effectively pursue rape cases. This can result in poorly constructed cases that fail to secure convictions, further discouraging victims from coming forward.
Statutory Limitations: A rape victim would have better chances of getting justice if such a matter is instituted within the shortest possible time after the incident occurred. This is because apart from the issue of the legally stipulated time limit for the institution of a Rape matter in Court, a couple of other hindrances may militate against a successful trial. These includes:
Death of Material witnesses – this would hugely water down the strength of the victim’s case, and
Lapse of time – resulting in the loss of evidence and the reduction in the precision and accuracy of a witness’s testimony.

Judging from the above the persistence of rape in our society is fueled by various factors, making it difficult to fully address the problem. However, there are significant steps that can be taken to curb this menace.

One critical approach is to shift community attitudes, ensuring that victims of rape are no longer met with negativity or judgment. By fostering a more supportive environment, we can encourage victims to speak out and seek justice. Additionally, it is crucial to raise awareness among vulnerable groups, particularly women and young girls, about the importance of reporting rape incidents—whether they or someone they know have been affected.

Improving the efficiency of the police force is another essential step. This includes removing insensitive officers who mishandle rape cases and ensuring that law enforcement is both responsive and empathetic to victims. The justice system also needs reforms to enhance its transparency, efficacy, and speed, ensuring that rape cases are prosecuted swiftly and fairly.

Further, addressing underlying social issues, such as drug abuse and unemployment among the youth, can help reduce the prevalence of rape by tackling some of its root causes. Finally, a comprehensive review and update of our criminal laws are necessary to ensure they are in line with contemporary realities and effectively address the crime of rape in today’s society.

Addressing Gaps with the VAPP Act

The rape laws in Nigeria were significantly enhanced by the VAPP Act of 2015. Its enactment ameliorated the loopholes found in the criminal and the penal codes.

It is seen from the above provision that prior to 2015 except for the states who codified the Child’s Right Act, rape was generally defined as an act of sexual intercourse, wherein a male knowingly penetrates a female’s vagina that is not his wife’s, with his penis, without the consent of the penetrated female or with her consent that was obtained by fraud, force, threat, intimidation, deceit or impersonation.

Going by the definition of rape in Criminal and Penal Codes, in law courts, there cannot be rape between a couple (a husband cannot be said to have raped his wife even where the husband actually raped his wife and there is overwhelming evidence). At worse, husbands that raped their wives get charged with lesser offences, including indecent assault with mere maximum punishment of 3 years imprisonment.

Since 2015, the once exclusive definition and punishment of rape has changed owing to a new law enacted by the National Assembly, titled; the Violence Against Persons (Prohibition) Act, 2015. Under this 2015 law, rape is an intentional penetration of the vagina, anus or mouth of any person with any part of the body or anything and without the consent of the person being penetrated. By this new definition, there can be rape between a couple (husband and wife). Also, boys and men can be victims of rape while rape can be performed with objects.

By the Violence Against Persons (Prohibition) Act 2015, the minimum punishment for rape is 12 years imprisonment without fine and the maximum punishment is life imprisonment. However, where an offender is less than 14 years old his maximum punishment is 14 years imprisonment and where there is group/gang rape, the offenders are jointly liable to a minimum of 20 years imprisonment. Also, names of sexual offenders are to be kept in a register and made public. Victims of rape are entitled to compensation as the court deems fit.

The Violence Against Persons (Prohibition) Act 2015 operates only in Federal Capital Territory, Abuja. Some other states in Nigeria, have adopted or enacted similar laws, including Anambra State, Ebonyi State and Oyo State while more states are being urged to genuinely join this fight against rape and sexual abuse. States that are yet to enact state equivalents of the Violence Against Persons (Prohibition) Act 2015 are still bound by the limiting shackles of Penal Code in northern Nigeria and Criminal Code in southern Nigeria. The increased awareness and activism around rape in Nigeria has led to:

Stiffer penalties: The VAPP Act 2015 introduced harsher punishments for rape.
Specialized courts: Some states have established courts to handle sexual offenses.
Support for victims: More organizations are providing support to survivors.
While progress has been made, more needs to be done to address the root causes of rape and ensure justice for victims.

Conclusion

The legal provisions under Section 358 of the Criminal Code, Section 283 of the Penal Code, Sections 31 and 32 of the Child’s Right Act, and Section 258 of the VAPP Act highlight Nigeria’s strong legal stance against rape and sexual abuse. While these rape laws in Nigeria are designed to impose severe penalties on offenders and protect the most vulnerable members of society. While the framework is robust, ongoing efforts are essential to ensure that these laws are effectively implemented, and that justice is accessible to all victims of sexual violence in Nigeria.

REFERENCES

By AWJAI Research Team

ASABE WAZIRI JUSTICE ADVOCACY INITIATIVE