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Is Adultery A Criminal Offence? by Nobody: 6:58am On May 12, 2016 |
A case was brought to my attention which had been generating mixed opinions and controversy at my base since yesterday. An apprentice tried to seduce his boss wife and the wife set him up. To cut the long story short, the wife called his boss when he visited her at home with the hope of having sex with her (he didn't in anyway force himself on her, she played along every inches of the way). Now after he was caught, the boss arrested him and he had been in police custody since then. When the issue was brought to my attention, I opined that it was a moral issue not a criminal case so keeping the apprentice in police custody is tantamount to trampling on his constitutional rights since to the best of my knowledge adultery isn't a criminal offence. over to my esteemed nairalanders. what is your take on the matter? 1 Like 1 Share |
Re: Is Adultery A Criminal Offence? by talk2alabama: 7:00am On May 12, 2016 |
Go and read the 1999 constitution |
Re: Is Adultery A Criminal Offence? by obiorathesubtle: 7:04am On May 12, 2016 |
Boy! Wake up! This is Nigeria.. The police will arrest you for BREATHING if an "OGA" asks them to.. |
Re: Is Adultery A Criminal Offence? by Nobody: 7:05am On May 12, 2016 |
lalasticlala. let hear what other people think about this cos this case dey vex me gan ni |
Re: Is Adultery A Criminal Offence? by Akposkool(m): 7:08am On May 12, 2016 |
The offense are so many my friends. Look am not a constitution person but let me analyze the few things I know he did wrong. He invaded the personal space of the woman. He could be charged for attempting rape and you know the implications. As an apprentice he went against the code of his job. He even went to her house to do it. Big offense. That's my take. But why do I get the feeling that this is a case of Joseph and potifah 's wife? It could be you know Cus crazy things happen in this world. Good morning Nigeria 1 Like |
Re: Is Adultery A Criminal Offence? by firstking01(m): 7:13am On May 12, 2016 |
alexistaiwo:Morally is not right, sleeping with somebody's wife is a crime esp with this kind of act which was not with mutual agreement from both parties...biblically it's also a sin...btw, are you in the military? |
Re: Is Adultery A Criminal Offence? by princejenks(m): 7:13am On May 12, 2016 |
Yea,attempting to have sex with a married woman is criminal especially if the husband discovers and charges the culprit to court. |
Re: Is Adultery A Criminal Offence? by pinkycute(f): 7:22am On May 12, 2016 |
My dear, it's not a criminal case at all... princejenks: |
Re: Is Adultery A Criminal Offence? by princejenks(m): 7:30am On May 12, 2016 |
pinkycute:can you prove that? Pls quote sections of the constitution or criminal law to prove this |
Re: Is Adultery A Criminal Offence? by pinkycute(f): 7:41am On May 12, 2016 |
Yeah! You're right sir" it's definitely a crime but not a criminal case and i see no reason why the act should be tag as an criminal issue. @Op, this not a criminal case, in my own way of view. It's called ( attempting sex ) of which the culprit is not in any line of force rape. firstking01: |
Re: Is Adultery A Criminal Offence? by nrexzy: 7:42am On May 12, 2016 |
No it isn't |
Re: Is Adultery A Criminal Offence? by Nobody: 7:50am On May 12, 2016 |
Its not a criminal offence especially as it isn't rape but it'll teach the apprentice to be less of a randy goat next time 1 Like |
Re: Is Adultery A Criminal Offence? by pinkycute(f): 8:04am On May 12, 2016 |
I see no need to prove Or to quote the constitution here. The write up has said it all... It's a tag of attraction Not a criminal case. The culprit is definitely attracted to his boss wife, of which he's not forcing himself on her. It's just an individual issue! Not a criminal case. Thou it's against the law and biblically, it's a sin. But not in this kind of case, because the culprit is not in anyway of attempting rape. Well, the Op knows the story more better than us. princejenks: |
Re: Is Adultery A Criminal Offence? by Nobody: 8:07am On May 12, 2016 |
pinkycute:thumbs up. when u see beauty with brains u will know 1 Like |
Re: Is Adultery A Criminal Offence? by mysticgal(f): 8:09am On May 12, 2016 |
In the south, it's not a criminal offence just you might die early if hubby catch you. But in the north according to the penal code, it is a criminal offence punishable by some years in jail. 1 Like |
Re: Is Adultery A Criminal Offence? by Nobody: 8:16am On May 12, 2016 |
mysticgal:this happened in Lagos |
Re: Is Adultery A Criminal Offence? by Nobody: 8:18am On May 12, 2016 |
alexistaiwo:Officer, you don leave the case come dey see beauty with brains? 2 Likes |
Re: Is Adultery A Criminal Offence? by mysticgal(f): 8:25am On May 12, 2016 |
alexistaiwo:Lagos is in the south, and according to the criminal code which is operative in the south, adultery is not a criminal offence. Why the question tho? |
Re: Is Adultery A Criminal Offence? by ademoladeji(m): 8:36am On May 12, 2016 |
alexistaiwo: Simply NO!!! Adultery is just a moral misappropriation n never a criminal issue. Will you jail a man for having extra marital affairs? Will you jail a man for having child outta wedlock? Will you jail a woman giving another man 'nodding' in a vehicle? All are moral issues not criminal! |
Re: Is Adultery A Criminal Offence? by Nobody: 8:36am On May 12, 2016 |
discoprophet:I never knew it is a criminal offence to give a compliment 2 Likes |
Re: Is Adultery A Criminal Offence? by Nobody: 8:38am On May 12, 2016 |
mysticgal:that means the apprentice is being illegally detained |
Re: Is Adultery A Criminal Offence? by princejenks(m): 8:42am On May 12, 2016 |
pinkycute:well i did a little research on this issue,according to the constitution,adultery is not a criminal offence under our laws but a moral one. Also,it depends on where it takes place,if adultery is committed in any of the northern states where penal code is in place and the marriage was contracted under customary law,then it becomes a criminal offence and it doesnt matter if the culprit had consensual sex with another man's wife or not,even detaining another man's wife is criminal Hope this settles it. |
Re: Is Adultery A Criminal Offence? by kinglekan: 9:02am On May 12, 2016 |
[b] I don't think the criminal code makes reference to adultery being a criminal offence but rather a reasonable ground for the dissolution of the marriage. Adultery on the other hand must be voluntary. However this case looks somewhat different although firstly the suspect has definitely broken his work place ethics by seducing his bosses wife. From my understanding of the court system, it isn't really looking for the truth rather it's a "display of facts pageant" with the better side taking the day. Perhaps the wife had initially reported the issue to her husband and the husband had in turn filed a complaint with the police. The suspect could bag himself a sexual harassment suit by default. Since it is relatively difficult to prove and the law tends to lean in favour of the lady in most cases, it would be difficult for his defense to establish that he was invited over for a mutual affair. I think he could be framed for attempted rape and sexual harassment based on the premise of circumstantial evidence. So in summary he is in deep shit_ [/b] |
Re: Is Adultery A Criminal Offence? by pinkycute(f): 9:16am On May 12, 2016 |
Cool princejenks: |
Re: Is Adultery A Criminal Offence? by mysticgal(f): 9:50am On May 12, 2016 |
alexistaiwo:According to how I was taught, you'll have to go to the human rights section of the federal high court seek for his release or go to court and later sue for malicious prosecution, I think And Kinglekan, the apprentice cannot go in for attempted rape because according to dpp v Morgan, it was held that, if the accused believes the woman was consenting,the accused bears no burden and he can plead mistake of fact (sec. 25) and the prosecution has the onus to prove beyond reasonable doubt, the actus reus(intercourse without the woman's consent) and mens Rea (intention to have intercourse without her consent). Besides, this woman played along making me draw the conclusion that it was infact a Consensual act and I use r v offiong. Where the accused entered a lady's room uninvited, he pulled clothes and expressed his desire to have intercourse and even took hold of her. It was held that it was not infact attempted rape. Please I am open to possible corrections 2 Likes 1 Share |
Re: Is Adultery A Criminal Offence? by Nobody: 10:10am On May 12, 2016 |
mysticgal:when u see a lawyer worth her weight in gold u will know |
Re: Is Adultery A Criminal Offence? by mysticgal(f): 10:14am On May 12, 2016 |
alexistaiwo:Thanks, I hope he is released soon |
Re: Is Adultery A Criminal Offence? by mysticgal(f): 10:17am On May 12, 2016 |
princejenks:No vex, I jus wanted to know where you heard this one from
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Re: Is Adultery A Criminal Offence? by princejenks(m): 10:35am On May 12, 2016 |
mysticgal:i have corrected this in subsequent replies to the post. The only addition is that adultery can be used as a ground for divorce where the couple are married by the marriage act through the courts but the culprit cant be jailed under our criminal law |
Re: Is Adultery A Criminal Offence? by kinglekan: 11:29am On May 12, 2016 |
mysticgal:[b] You actually made a very valid point. Gone through the case you cited "r v offiong" and also "Jegede vs the state". In which the accused was alleged to have grabbed a 13year old girl and raped her in a disused toilet. He was convicted of rape at the trial court because there was substantial medical evidence proving penetration. However after taking the case to the appeal court he got convicted for attempted rape. He further took the case to the supreme court and they made three valid points for an accused to be guilty of rape, one of which states that the penetration must be linked with the appelant irrespective of whether the plantiff is a minor or an adult. I guess this is where semen_ residue and DNA test would provide that link. Another valid point made was that to constitute an attempted rape the act has to be immediately connected to the commission of the particular offence charged and must be something more than "mere preparation", which proves you are definitely right. [/b] 1 Like |
Re: Is Adultery A Criminal Offence? by refreshrate: 11:33am On May 12, 2016 |
pinkycute: A crime but not a criminal case? Please what is this? |
Re: Is Adultery A Criminal Offence? by refreshrate: 11:43am On May 12, 2016 |
mysticgal: Pls tell your folks I honor them for raising a remarkable woman like yourself. I also honor you for being this good God continue to bless you abundantly. Meanwhile *follows* One other one came here to write "it's a crime but not a criminal case" God! 1 Like |
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