By Deborah Iniye Warrie Esq.

The Adam Walsh Act and its Origin.

The Adam Walsh Child Protection and Safety Act (“Act”) is a United States of America federal statute to protect the public, especially children, from violent sex offenders, by implementing a more comprehensive, nationalized system for registration of sex offenders. The Walsh Act became law in 2006. This Act was named for Adam Walsh, a boy who was abducted from a Florida shopping mall and later found killed.

Adam Walsh, the abducted and murdered child for whom the act was named

The majority of the provisions of the Act are codified at 42 U.S.C. §16911 et seq. The Act seeks to:

  1. Provide a revised sex offender registration system.
  2. Make related and appropriate amendments to the child and sex related federal criminal laws.
  3. Provide child protective grant programs.
  4. Conduct programs and campaigns to prevent and punish sex offenders, and others who victimize children.
  5. Improve Federal criminal law enforcement resources and procedures to ensure sex offender compliance with registration and notification.
  6. Provide public and police access to information and resources needed to ensure that children are not attacked or abused.

OVERVIEW OF THE ADAM WALSH ACT

  • The Adam Walsh Child Protection Safety Act of 2006 (“ADAM WALSH ACT”), enacted on July 27, 2006, made significant changes to Federal sexual abuse, exploitation, and transportation crimes in the US.
  • The ADAM WALSH ACT created new substantive crimes and increased sentences for existing crimes in Federal court. In addition, under the new ADAM WALSH ACT, many sex crimes no longer have a statute of limitations.
  • The ADAM WALSH ACT permits the government to take DNA from persons who are not convicted of any crime. A person may be civilly committed if they are considered a “sexually dangerous person” and face potential life imprisonment as a result of this. Victims have new rights under the ADAM WALSH ACT in-state prisoner habeas corpus proceedings. Victims have the right to receive damages of up to $150,000 in civil actions.
  • It created the Sex Offender Registration and Notification Act (“SORNA”), a new sex offender registry law at 42 USC 16901-16962. It entails offenses including failure to register as a sex offender, which carries a heavy sentence, and in some cases requires consecutive mandatory minimum sentences.
  • Before a sex offender is released from prison for the offense, He/She must register as a sex offender with the local authorities. Shortly before the person is released, an official must inform the offender of his duties under SORNA, require the offender to “read and sign a form stating that the duty to register has been explained and that the sex offender understands the registration requirement,” and also the official must ensure that the offender is registered.
  • Offenders must appear in each jurisdiction where they are required to register to verify their registration. If an offender changes his or her name, residence, employment, or student status, s/he must inform at least one jurisdiction where s/he resides, is employed, or is a student in person, within three business days of the change. The offender must also keep their registration current, and remain posted on local and national websites.
  • Not only does the ADAM WALSH ACT require sex offenders to register, but the act creates a new federal offense for knowingly failing to register or update a registration. If an offender is prosecuted for this offense,
  • Another important point is that the ADAM WALSH ACT states that if a sex offender commits a crime of violence, then that person shall be imprisoned for not less than five years, and not more than thirty years. This punishment will be in addition to any punishment for failing to register or update registration and will be served consecutively to that punishment. One who fails to register may also be deported or suffer other immigration consequences.

National Agency for the Prohibition of Trafficking in Persons (NAPTIP) swift effort, in adopting the Adam Walsh Act model in Nigeria. 

  • In March 2019, a petition was launched by NAPTIP urging the Nigerian government to implement a sex offenders registry (i.e rape, pedophilia, sexual harassment, and assault)
  • On the 6th of June 2020, the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) has now published names and photographs of some convicted sex offenders on the Nigeria Sex Offender Register. The then DG of NAPTIP, Dame Julie Okah-Donli, shared a list via Twitter. She said the agency was determined to start naming and shaming all sex offenders, and more names of sex offenders would be published once they are convicted.
  • Thus now, in Nigeria when a person is convicted of Rape or other Sexual Offences, their names are entered into the “Sexual Offenders Register”. The Register which is maintained by NAPTIP contains the names of all those prosecuted for sexual violence since 2015 and captures the bio-data, biometric features, addresses, Bank Verification Number (BVN), and DNA of the convict.
  • In Lagos State, the register is said to have 140 registered convicts. Various countries in the world have sex offenders’ registry such as South Africa, The United States, Australia, Canada, and The United Kingdom. See Section 1(4) of the Violence Against Persons (Prohibition) Act 2015.

Now you may ask the question, why is this register important?

With the rate and increase of sexual offenses prevalent in Nigeria, the register will help to:

  •  name and shame perpetrators of sexual violence. It links victims/ survivors and even perpetrators to the help they may need.
  • Individuals can take an active part in using this register by asking their children’s school if the management has carried out background checks on its teachers and other staff.
  • Individuals can report sexual crimes for investigation etc.
  • The goal is not to fill the register with cases of sexual violence but to hopefully reduce/prevent the crime and directly affected persons to the help they need.

SUMMARY OF THE VAPP

  1. The Violence Against Persons (Prohibition) Act 2015 was signed into law on 23rd May 2015, by former president, Goodluck Jonathan.
  2. NAPTIP was mandated to administer the provisions of the Act, by virtue of Section 44 of the Act. The main thrust of the law is to eliminate violence in private and public life, prohibit all forms of violence against persons to provide maximum protection and effective remedies for victims and punishment of offenders and for other related matters.
  3. Jurisdiction – Only the High Court of the FCT, Abuja has the sole jurisdiction to hear and grant any application brought under the Act by virtue of Section 27 of the Act.
  4. The rights of victims of violence are safeguarded under Section 38 of the Act in addition to the rights guaranteed under Chapter IV of the 1999 Constitution as amended.
  5. These rights include the right to receive necessary materials, comprehensive medical, psychological, social, and legal assistance through governmental Agencies or non-governmental agencies providing such assistance.
  6. Section 47 of the Act clearly stipulates that the Act applies only in the FCT.
  7. Section 45 of the Act makes consequential amendments to the Criminal Code, Penal Code, and Criminal Procedure Code to the effect that any provision of the Act shall supersede any other provision on similar offenses in the Criminal Code, Penal Code, and Criminal Procedure Code.

 

SOME PENALTIES UNDER THE VAPP ACT

  • RAPE – LIFE IMPRISONMENT: Where the offender is less than 14 years -: 14 years imprisonment. In all other cases -: To a minimum of 12 years imprisonment without an option of fine.  Section 1 (2) of the Act.
  • RAPE BY A GROUP OF PERSONS -: Offenders are liable jointly to a minimum of 20 years imprisonment without an option of fine. Section 1 (2) of the Act.
  • WILFULLY CAUSING OR INFLICTING PHYSICAL INJURY-: Imprisonment for a term of years not exceeding 5 years or a fine not exceeding N100,000.00 or both. Section 2 (1) of the Act.
  • ATTEMPT TO COMMIT ACTS OF VIOLENCE-: Imprisonment for a term of years not exceeding 3 years or to a fine not exceeding N200,000.00 or both. Section 2 (2)
  • INCITING, AIDING, OR COUNSELLING ANOTHER person TO COMMIT ACTS OF VIOLENCE-:Imprisonment not exceeding 3 years or to a fine not exceeding N200,000.00 or both. Section 2 (3)
  • RECEIVING OR ASSISTING ANOTHER IN COMMITTING AN OFFENCE OF VIOLENCE-:A term of imprisonment not exceeding 3 years or a fine not exceeding N200,000.00 or both. Section 2 (4)
  • COERCING ANOTHER TO ENGAGE IN ACTS DETRIMENTAL TO THE OTHER PERSON’S PHYSICAL OR PSYCHOLOGICAL WELL BEING-: 3 years imprisonment. Section 3
  • WILFULLY PLACING A PERSON IN FEAR OF PHYSICAL INJURY-: 2 years imprisonment or to a fine not exceeding N200,000.00 or both. Section 4
  • COMPELLING ANOTHER BY FORCE OR THREAT TO ENGAGE IN ANY CONDUCT OR ACT, SEXUAL OR OTHERWISE TO THE DETRIMENT OF THE VICTIM’S PHYSICAL OR PSYCHOLOGICAL WELL BEING-: Imprisonment not exceeding 2 years or to a fine not exceeding N500,000.00 or both.  Section 5
  • PERFORMANCE OF FEMALE CIRCUMCISION/GENITAL MUTILATION-: A term of imprisonment not exceeding 4 years or a fine not exceeding N200,000.00 or both. Section 6
  • FRUSTRATING INVESTIGATION-: Imprisonment not exceeding 3 years or to a fine not exceeding N500,000.00 or both. Section 7
  • WILFULLY MAKING FALSE STATEMENTS IN ANY JUDICIAL PROCEEDING UNDER THE ACT-: A fine of N200,000.00 or a term of imprisonment not exceeding 12 months. Section 8
  • FORCEFUL EJECTION FROM HOME -: Imprisonment not exceeding 2 years or to a fine not exceeding N300,000.00 or both. Section 9
  • DEPRIVING A PERSON OF HIS/HER LIBERTY –: Imprisonment not exceeding 2 years or to a fine not exceeding N500,000.00 or both. Section 10
  • DAMAGE TO PROPERTY WITH INTENT TO CAUSE DISTRESS –: 2 years imprisonment or to a fine not exceeding N300,000.00 or both. Section 11
  • FORCED FINANCIAL DEPENDENCE OR ECONOMIC ABUSE –: Imprisonment not exceeding 2 years or to a fine not exceeding N500,000.00 or both. Section 12
  • FORCED ISOLATION OR SEPARATION FROM FAMILY AND FRIENDS-: Imprisonment not exceeding 6 months or a fine not exceeding N100,000.00 or both. Section 13
  • EMOTIONAL, VERBAL, AND PSYCHOLOGICAL ABUSE –: Imprisonment not exceeding 1 year or to a fine not exceeding N200,000.00 or both. Section 14
  • HARMFUL WIDOWHOOD PRACTICES –: Imprisonment not exceeding 2 years or a fine not exceeding N500,000.00 or both. Section 15
  • ABANDONMENT OF SPOUSE, CHILDREN, OR OTHER DEPENDANTS WITHOUT SUSTENANCE –: Imprisonment not exceeding 3 years or a fine not exceeding N500,000.00 or both. Section 16
  • STALKING –: Imprisonment not exceeding 2 years. Section 17
  • INTIMIDATION –: Imprisonment not exceeding 1 year or a fine not exceeding N200,000.00 or both. Section 18
  • SPOUSAL BATTERY–: Imprisonment not exceeding 3 years or a fine not exceeding N200,000.00 or both. Section 19
  • HARMFUL TRADITIONAL PRACTICES –: Imprisonment for a term not exceeding 4 years or a fine not exceeding N500,000.00. Section 20
  • VIOLENCE BY STATE ACTORS –: Imprisonment not exceeding 4 years or a fine not exceeding N1,000.00 or both. Section 24
  • POLITICAL VIOLENCE –: Imprisonment not exceeding 4 years or a fine of N500,000.00 or both. Section 23
  • INCEST –: 10 years imprisonment without an option of fine. Section 25
  • Indecent Exposure to induce another to commit an offense. Section 26

LIMITED APPLICATION OF THE VAPP ACT IN SOME JURISDICTIONS IN NIGERIA.

  • The states that have passed the VAPP law at the Houses of Assembly but yet, to get executive assent includes Adamawa where it was passed on March 1, 2021; Bayelsa, where it was passed on February 17, 2021; Imo state, where it was passed on July 27, 2021; Kebbi passed on September 30, 2021; Kogi passed March 22, 2021; Plateau where it was passed on December 24, 2020, and Rivers where it was passed in January 2020.
  • 10 states are yet to pass the law at the Assembly level despite a series of advocacies; there seems to be no political will towards this. The states include Borno, Gombe, Kano, Katsina, Niger, Sokoto, Taraba, Yobe, Zamfara, and Cross River.
  • Meanwhile, 18 states have passed the Bill and it has gotten executive assent and is now a law. They are Federal Capital Territory where it got assent on May 23, 2015; Abia on October 1, 2020; Akwa Ibom on June 19, 2020; Anambra in 2017; Bauchi in 2020; Benue on May 28, 2019;  Delta on October 7, 2020; Ebonyi in May 2018; Edo on August 5, 2021; Enugu in April 2019; Jigawa on February 24, 2021; Kaduna on December 1, 2018; Kwara on September 24, 2020;, Nasarawa on January 21, 2021; Ogun in  2018; Osun on October 11, 2021; Ondo on July 15, 2021, and Oyo on February 26, 2021. Two states; Lagos and Ekiti have Protection Against Domestic Violence Law and Gender-Based Violence Prohibition Laws respectively.
  •  In Lagos, the Domestic Violence Law of Lagos State was passed in 2007 while Ekiti passed the Gender-Based Violence (Prohibition) Law in 2019 and the two laws have some of the provisions found in the VAPP embedded in them.

Many have attested to the fact that the VAPP law is needed to eradicate violence in Nigerian society. Thus it is essential for all the states, to take the required steps towards domesticating the law. So that same can be amended and made applicable to all jurisdictions.

REFERENCE LIST

  1. https://www.stimmel-law.com/en/articles/federal-child-protection-law-adam-walsh-child-protection-and-safety-act 
  2. https://www.bayarea-attorney.com/CM/Articles/Overview-of-the-Adam-Walsh-Act.asp 
  3. https://www.bellanaija.com/2020/06/naptip- sex-offenders-register/
  4. https://thenigerialawyer.com/list-of-sxual-offenders-in-nigeria/ 
  5. https://nsod.naptip.gov.ng/background-check/login.php 
  6. https://nsod.naptip.gov.ng/vapp-act.php# 
  7. https://www.naptip.gov.ng/wp-content/uploads/2017/05/Violence-Against-Persons-Prohibition-Act-2015-1.pdf 
  8. https://tribuneonlineng.com/six-years-after-nigerias-vapp-law-still-struggling-for-domestication-in-17-states/

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