DAILY LAW TIPS (Tip 509) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
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AGES AT WHICH SEXUAL INTERCOURSE WITH CONSENT WILL AMOUNT TO RAPE.
First of all, RAPE is a criminal offence in Nigeria, punishable 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.
In Southern Nigeria, where an unmarried girl of less than 16 years is taken out of custody/protection of her parents/guardian without the permission of such person(s), for purpose of marriage or sexual intercourse, it is an offence. Ignorance of age of such girl as well as consent of such girl is immaterial. This offence is a misdemeanor and punishable with imprisonment of not more than 2 years.
In Northern Nigeria, where any girl of less than 18 years is induced or forcefully taken away to have sexual intercourse it is an offence. It is an offence punishable with fine and imprisonment of not more than 10 years.
My authorities are:
2.) Sections 1, 357, 358, 361, 362 and 363 of Criminal Code Act, 1916.
3.) Sections 272, 275, 282 and 283 of the Penal Code Act, 1960.
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