SENATE BILL SETS LIFE IMPRISONMENT FOR RAPISTS
(Refine Bill To Punish Statutory Rape of Underage "Brides"
-Attorney Patryk Utulu

The Nigerian Senate has approved the BILL for an Act to prohibit violence against persons. When passed by the House of Reps and signed by the President the ACT will strengthen sanctions against offenders, including life imprisonment for rapists. The bill was approved on a voice vote suggesting that it was probably unanimous or had overwhelming support, says NAN.

Senate President, David Mark, said the Act would address the evil customs of society and sufficiently protect the people from the excesses of devilish people. The law aims to eliminate violence in private and public life. It will prohibit all forms of violence, ranging from physical, sexual, psychological, domestic, harmful traditional practices and discrimination, against persons.


Sections I and 2 increased punishment for rape and other forceful sexual activities and makes rape punishable for life. Even where the illicit sexual conduct does not amount to rape, if the victim is under 14 years of age, the offender shall be liable to a minimum of 14 years imprisonment.

GANG RAPE:
If committed by more than one person it shall qualify as "gang rape" and on conviction, the persons shall be liable jointly and severally to a minimum of 20 years imprisonment WITHOUT option of fine.

VICTIM COMPENSATION:
“The court shall also award appropriate compensation to the victim as it may deem fit in the circumstance,’’ reports NAN.

MY OPINION:
Two Nigerian colleagues have promised to send me the exact language of the bill. I shall comment after reading it. For now, I should hope the bill has been carefully drafted to eliminate all loopholes based on local customs, religion and marriage of convenience. In a Federal Constitutional Republic a minimum age of (sexual) consent should be set by law. If 14 years is the age set by FEDERAL law, then sexual intercourse with any persons under age is criminally unlawful ab initio and MUST be deemed statutory rape.

In plain language, STATUTORY RAPE means that by law (statute) persons under a certain age cannot say yes (even if they say yes) BECAUSE the law (statute) says the victim is too young to know the meaning of yes and no for purposes of sex. In that case neither religion, local customs nor any after-sex "hurry-hurry marriage" (marriage of convenience) should excuse the person deemed statutory rapist. Otherwise the law would have no teeth.

Enough of primitive excuses. It is time for Nigeria to move into modernity.

Attorney Patryk A. Utulu
U.S.-based Attorney & Strategic Communications Specialist
Global Defense Analyst and Global Events Commentator
Executive Vice President, Nigerian Diaspora-North America
Executive Director, The Center for Community Empowerment and Lifeskills, Inc
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