GENDER NEUTRALITY AND EXCLUSION OF WOMEN IN THE OFFENCE OF RAPE IN NIGERIA
ABSTRACT
Contemporary criminal law has caught on with the notion that the primary purpose of rape law is the protection of the individual’s sexual autonomy from the harm of non-consensual penetrative sex acts by other person(s). Rape is often considered to be one of the most heinous of crimes to be committed. It presents unique challenges to the legal system as it is not the incident that has to be proved, but the intention. Chapter One of this work therefore encapsulates the basic framework of the criminal law system and the elements of crime.
For decades, gender- specific definitions of rape in statutes on rape and sexual assaults involving a male perpetrator and female victim have represented the traditional definition. Chapter Two therefore examines the offence of rape, including the ingredients of rape and other issues such as Attempt and the requirement of Corroboration, that are incidental to the prosecution of the offence.
However, there has been a move away from the narrow, traditional definition of rape in jurisdictions outside Nigeria to reflect the realization that the historical justifications for its existence do not survive critical analysis in this age of sodomy and lesbianism . In the light of such development this Chapter Three examines the law of rape under Nigerian Criminal Law vis —a — vis other jurisdictions, focusing on the unnoticed problem of exclusion of women and unjustified gender specificity.
Chapter Four in a nutshell, encapsulates more detailed developments that have occurred in rape laws in other jurisdictions regarding gender neutrality Gender neutrality within rape statutes is the socio-legal theory that the criminal law should recognize that even men and women can be rape victims as well as perpetrators. Gender neutrality within rape reflects modern understandings of the nature, effects, and dynamics of nonconsensual penetrative sex acts, and is an evidence-led means of appropriately labeling criminal conduct.
The usually severe penalties attached to offences of a sexual nature go a long way to show how heinous and serious they are. In most jurisdictions the legal system, the legislature and even law enforcement agencies treat the offence of rape with levity and do not give it the attention it deserves in investigation, prosecution, punishment and deterrence. In Chapter Five, proposals for reform and recommendations are made on the basis of the theoretical findings made in the course of the research

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such an uninspiring jargons you put up there, no wonder our grads are unable to get employed.... you do research just for research's sake..

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Another interesting topic centered on rape.

A CRITICAL APPRAISAL OF THE INGREDIENTS AND DEFENCES TO THE OFFENCE OF RAPE.

Chapters 1-5.

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