Rape is the most severe of all sexual offenses. This is because it destroys the person of the victim and it is usually devastating in its aftermath effect (s).

Both the Criminal Code( applicable in Southern Nigeria) and The Penal Code (applicable in Northern Nigeria) make provisions criminalizing rape in sections 357 and Section 282 respectively.

According to Section 357, Rape is “having unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or using threats or intimidation of any kind, or by fear of harm, or using the false act, or, in case of a married woman, by personating her husband.”

For brevity, I will quickly adumbrate the two vital elements or ingredients of the offense of rape that the prosecution must prove beyond reasonable doubts to ground the conviction of an accused.
i. Penetration
ii. Lack of Consent

Penetration
According to section 6 of the criminal code, the offense of rape is complete upon penetration.

Penetration can be defined as “the thrusting or the inserting of the penis into the vagina of a woman or a girl”. The penis does not have to go far into the vagina before a case of rape can be made. It need not go beyond the labia minora of the vagina of a woman or a girl.

In grounding the conviction of rape, the rupture of the hymen, the ejaculation of semen, and the climax are all irrelevant. The implication of this is that a virgin who was raped may remain a virgin even after being raped.

Also, penetration recognized by the two Codes( The Criminal Code and The Penal Code) is “genital penetration”. That is, between the penis and the vagina. The Codes do not recognize penetrating the vagina with objects such as rape or anal rape. Although, a case of sexual assault or indecent assault can be made in such a situation.

However, the frontier has been expanded by the Violence against Persons (Prohibition) Act 2015 but unfortunately, this lofty law has not been domesticated by all the 36 states in Nigeria save for the F.C.T Abuja and some states.

Also, as long as the Criminal Code and the Penal code are concerned, only a woman can be raped and only a man can rape.
An exception to this is a male below the age of 12. There is an irrebuttable presumption that a male child below the age of 12 is incapable of penetration. Hence, he can not be charged with the offense of rape and as such there can be no conviction. However, he may be charged with Indecent Assault contained in section 360 of the criminal code.


Another point to note is that the two Codes do not recognize marital rape. This is provided for in section 6 of the criminal code. However, a husband may be found guilty of assault if he uses force or injures his wife while trying to have his way. Where the marriage has been dissolved or a judicial pronouncement has been made, then a case of rape can stand.


However, this is not the case under the Violence against Persons Prohibition Act 2015 as” Object” rape, Anal rape, and Marital rape are recognized. In the same vein, a man can be a victim of rape which is a clear departure from the former provision that a man can not be a victim of rape.
Unfortunately, this lofty law has not been domesticated by the 36 states in Nigeria save for the F.C.T Abuja.

LACK OF CONSENT
Concerning consent, consent is pivotal to the proof and disproof of the offense of rape. Section 73 of the English Sexual Offences Act 2003 defines it as;
“A person consents when he agrees by choice and he has the freedom and capacity to make that choice”.

The following must be noted in other to fully understand how consent works in proving and disproving the offense of rape;
i. Consent obtained by force is not consent.
ii. Consent obtained by personating the husband of a married woman is not consent.
iii. Consent obtained by misrepresenting the act of sexual intercourse to the victim is not consent.


In the case of obtaining consent by economic or political promises and advantages which later fail to materialize, it is submitted that there is consent and as such, no case of rape should stand.


Finally, it should also be noted that a prostitute can be raped as the law was not enacted to uphold the tenets of morality but to protect individuals in the exercise of their choice to engage in sexual activities.
The punishment of rape is contained in Sections 358 and 283 of the Criminal Code and Penal Code respectively. The maximum punishment according to these sections is life imprisonment. Some states, particularly Kano state, have been pushing for the chemical castration of convicted rapists. But the question is, will this serve as a better deterrent to other rapists and intending rapists?
P.S
Sadly, the court hardly stretches the full penalty for rape to its maximum length. It’s submitted that the courts should not hesitate to exert the full maximum punishment ( life imprisonment) on convicted rapists.
Richiez
Fynestboi
Olawalebabs
Lalasticlala

Only a man can rape and only a woman can be raped.. What of the women that rape men.. That means they are above the law abi.. No wonder almost all laws favour the women..

habsydiamond:
Only a man can rape and only a woman can be raped.. What of the women that rape men.. That means they are above the law abi.. No wonder almost all laws favour the women..

A woman can still be guilty of rape, but she must be brought under section 7 of the Criminal Code which deals with classes of principal offenders. For instance,
-Where she procures or counsels a man to commit rape
- where she aids a man in the commission of the offence
- where she does any omission to enable another to commit the offence of rape
Also,a woman can be held guilty of rape under The Violence against Persons Prohibition Act 2015. However,it is only applicable in the F.C.T

dollynnn:

A woman can still be guilty of rape, but she must be brought under section 7 of the Criminal Code which deals with classes of principal offenders. For instance,
-Where she procures or counsels a man to commit rape
- where she aids a man in the commission of the offence
- where she does any omission to enable another to commit the offence of rape
Also,a woman can be held guilty of rape under The Violence against Persons Prohibition Act 2015. However,it is only applicable in the F.C.T

why should man be involved before a woman can be charge for rape. That mean women can only be charge as an accomplice. Does that mean that if there is no man involved in a rape carried out by a woman.. She will work free.. Please enlighten me oo.. Recently a man was raped to coma by to women at gunpoint. What will happen in this case.

habsydiamond:
why should man be involved before a woman can be charge for rape. That mean women can only be charge as an accomplice. Does that mean that if there is no man involved in a rape carried out by a woman.. She will work free.. Please enlighten me oo.. Recently a man was raped to coma by to women at gunpoint. What will happen in this case.

If it happened in F.C.T,Abuja or any of the states that have domesticated the Violence against Persons Prohibition Act and the culprits were caught,then it is "yes". Provided they are charged under The Violence against Persons Prohibition Act,2015.
But if it happened in any of the remaining States that have not domesticated this ACT,then they can not be charged with rape and thus,can not be guilty of rape.
They may be charged with Assault or any other related sexual offences

dollynnn:

If it happened in F.C.T,Abuja and the culprits were caught,then it is "yes". Provided they are charged under The Violence against Persons Prohibition Act,2015.
But if it happened in any of the 36 States,then they can not be charged with rape and thus,can not be guilty of rape.
They may be charged with Assault or any other related sexual offences

several states have domesticated the vapp act. one of such is enugu state. don't know the exact number but over 10 have done that

Youngboss54:

several states have domesticated the vapp act. one of such is enugu state. don't know the exact number but over 10 have done that

Modified, thanks

Happy new year.....but are you a lawyer?

Rape is now trending......though puddies full
everywhere still men indulge in that act....I
really wonder why.



quote author=dollynnn post=108366873]Rape is the most grievous of all sexual offences. This is because it completely obliterates the person of the victim and it is usually devastating in its aftermath effect (s).
Both the Criminal Code( applicable in the Southern Nigeria) and The Penal Code (applicable in the Northern Nigeria) make provisions criminalizing rape in sections 357 and Section 282 respectively.
According to Section 357, Rape is “having unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false act, or, in case of a married woman, be personating her husband.”
For the purpose of brevity,I will quickly adumbrate on the two vital elements or ingredients of the offence of rape that the prosecution must prove beyond reasonable doubts to ground the conviction of an accused.
1. Penetration
2. Lack of Consent
What then is penetration?
By virtue of section 6 of the criminal code,the offence of rape is complete upon penetration.
Penetration is the thrusting or the inserting of the penis into the vagina of a woman or a girl. The penis does not have to go far into the vagina before a case of rape can be made. It need not go beyond the labia minora of the vagina of a woman or a girl.
The rupture of the hymen, ejaculation of semen, climax are all irrelevant . The implication of this is that a Virgin who was raped may still remain as a virgin even after being raped.
Also, penetration recognized by the two Codes( The Criminal Code and The Penal Code) is "genital penetration". That is, between the penis and the Vagina. The Codes do not recognize penetrating the vagina with objects as rape or anal rape. Although, a case of sexual assault or indecent assault can be made.
However,the frontier has been expanded by the Violence against Persons (Prohibition) Act 2015 but unfortunately,this lofty law has not been domesticated by all the 36 states in Nigeria save for the F.C.T Abuja and some states
Also, as long as the Criminal Code and the Penal code are concerned, only a woman can be raped and only a man can rape. An exception to this is a male below the age of 12. There is an irrebuttable presumption that a male child below the age of 12 is incapable of penetration. Hence,he can not be. Charged with the offence of rape and as such there can be no conviction.
However,he may be charged with Indecent Assault contained in section[b] 360[/b] of the criminal code.
Another point to note is that,the two Codes do not recognize marital rape. This is provided for in section 6 of the criminal code. However,a husband may be found guilty of assault if he uses force or injures his wife while trying to have his way. Where the marriage has been dissolved or a judicial pronouncement has been made,then a case of rape can be stand.
However,this is not the case under the Violence against Persons Prohibition Act 2015.
-Object Rape is recognized
- Marital Rape is recognized
- A man can be raped
-Anal Rape is recognized[i][/i]
Unfortunately,this lofty law has not been domesticated by the 36 states in Nigeria save for the F.C.T Abuja.
With regard to the lack of consent, consent is central to the proof and disproof of the offence of rape.
Section 73 of the English Sexual Offences Act 2003 defines it as
"A person consents when he agrees by choice and he has the freedom and capacity to make that choice"
Consent obtained by force is not consent
Consent obtained by personating the husband of a married woman is not consent.
Consent obtained by misrepresenting the act of the sexual intercourse to the victim is not consent.
In the case of obtaining consent by economic or political promises and advantages which later fail to materialize ,it is submitted that there is consent and as such,no case of rape should stand.
Finally, it should also be noted that a prostitute can be raped as the law was not enacted to uphold the tenets of morality but to protect individuals in the exercise of their choice to engage in Sexual activities.
[/left]
The punishment of rape is contained in Section 358 and 283 of the Criminal Code and Penal Code respectively. The maximum punishment is Life imprisonment[left][/left]
CC
Lalasticlala[/quote]

.

dollynnn:
@Rawhumper,not yet.
I am a law student

the constitution is biased, nepotistic and unjust.

Men were used in all instances and scenarios here as a case study to analyse rape offence while exonerating the female gender. which means our constitution doesn't recognize the tendency of female rape perpetrator...these is brutal and biased.

man and woman can be raped alike! No gender has a monopoly of rape....

so many loophole in our law....that is why most of my lawyer friends never want to engage me in an argument, I investigate, study the rationale of law and as well compare them to serious of tendencies which might in turn bring a counter claim to their assertions.

dollynnn:

However, interpreting section 7 of the Criminal Code, a woman can be guilty and be liable to the punishment of rape where she aids, procures, assists and enables the commission of any offence under the law of which Rape is one of them.

Complete trash..... woman can only be held as an aid to rape charges.... Complete trash!!!!


Mentally deluded law makers! this dispositions holds no ground and a go ahead nod for all male haters to go ahead and get away with rape cases against them...

No Strong equal punishment for false rape accusers...

Verdict: I don't have confidence in the court of law.
if rape penalty is death, sentence false rape accusers to death..... then I might have confidence in the court of law.

.