DAILY LAW TIPS (Tip 363) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
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HOW TO PROVE RAPE IN NIGERIA.
RAPE is a criminal offence in Nigeria, punishable in with life imprisonment with or without whipping in Southern part of Nigeria but punishable with imprisonment for life or lesser period and fine in the Northern part of Nigeria.
Before any person can be convicted for an offence of rape in any part of Nigeria, the victim of rape through her prosecution lawyer must prove the following;
(a) That the alleged rapist had sexual intercourse with the victim of rape (victim).
(b) That the act of sexual intercourse was done without consent of the victim or that the consent was obtained by fraud, force, threat, intimidation, deceit or impersonation.
(c) That the victim was not the wife of the alleged rapist.
(d) That the alleged rapist had the criminal intention to have sexual intercourse with the victim of rape without the victim’s consent or that the alleged rapist acted recklessly not caring whether the victim consented or not.
(e) That there was penetration of the penis of the alleged rapist into the vagina of the victim.
The last condition, condition “e” has been widened, to accommodate cases were females may rape men or where there may be a rape using an object. By the provisions of the Violence Against Persons (Prohibition) Act, 2015 and other similar laws in states of the federation, rape now includes the penetration of any opening in the body (including mouth and anal) of a person by another person using any part of his/her body or any thing. So, it makes it possible for a male to sue a female for rape, unlike when rape was all about women and the penetration of vagina by penis. Kindly note that the Violence Against Persons (Prohibition) Act, 2015 is operational in Federal Capital Territory, Abuja. Similar laws are now operational in Anambra State, Ebonyi State and Oyo State. Soon, more States will enact similar laws.
My authorities are:
1.) Sections 1, 47 and 48 of the Violence Against Persons (Prohibition) Act, 2015 and other similar laws in states of the federation
2.) Sections 1, 357 and 358 of Criminal Code Act, 1916.
3.) Sections 282 and 283 of the Penal Code Act, 1960.
And the plethora of Supreme Court cases including;
4.) NDEWENU POSU & ANOR v. THE STATE (2011) LPELR-1969(SC),
5.) OGUNBAYO V. THE STATE (2007) I NWLR PT. 1035 PG. 157.
6.) UPAHAR V. THE STATE (2003) O NWLR PT. 816 PG.290.
7.) STATE V. OGO (1980) 2 NCLR 391.
8.) OKEYAMOR V. THE STATE (2005) 1 NCC PG. 499
9.) STATE V. ANOLUE (1983) 1 NCR 71.
10.) IKO V. STATE (2005) 1 NCC PG. 499
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