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Rape Myths And Victims ; Reforming Rape Laws In Nigeria. - Crime - Nairaland

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Rape Myths And Victims ; Reforming Rape Laws In Nigeria. by SeaUrchin(f): 2:49pm On Mar 26, 2020
Rape is denounce able and condemnable. It is inhumane and ruthless. It is an unjustifiable act that needs to be expunged. Simply put, rape is nonconsensual sexual intercourse.
Under the Criminal Code of Nigeria; Rape is defined as 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. The offence is punishable by imprisonment for life with or without caning (see sec 357 and 358 of the Criminal Code Cap ‘38’ Laws of the Federation, 2004). The Criminal Code is applicable in the Southern Part of Nigeria, it is restrictive in its interpretation. Its only made provisions for female rape victims segregating male.
Under the Penal Code (applicable in Northern part of Nigeria) Rape is when a man has sexual intercourse with a woman against her will, without her consent or with incorrectly obtained consent; when the consent is obtained by putting her in fear or death or of hurt. It goes further to say even when the girl is a wife of the person, such person will be guilty of rape if she has not attained puberty (see sec 282 of the Penal Code). This code is restrictive just like the Criminal Code. It only recognizes female rape victims excluding male victims.
Under the Violence Against Persons Prohibition Act (sec1) states “a person commits the offence of rape if he or she intentionally penetrates the vagina, anus or mouth of another person with any other part of his/her body or anything else without consent, or the consent is obtained by force”. The VAPP Act is a federal law, a progressive piece of legislation. It is expansive in its interpretation, as it makes provisions for both male and female sexual offenders and victims. Unfortunately, this Act is only applicable in FCT, Abuja and by virtue of its domestication it is also applicable in Lagos, Anambra, Ebonyi and Oyo States respectively.
In the case of Popoola v. State(2013) 17 NWLR (pt1382)p. 100 per Muntaka-Coomasie J.S.C at page 120 paras G-H on rape said “the offence appeared to be heinous and heartless. The sentence meted out by the trial court amounts to abdicating its role as a judicial officer. I condemn such type of sentence. The sentence is unnecessary lenient and loose”. In other words rape is a despicable act, the severity of the offence cannot be over emphasized. It is a serious crime that needs to be backed up with grievous sanctions.
Victims of rape are made to suffer unquantifiable anguish, post traumatic stress disorder, eating disorder, emotional disorder, dissociation from reality, depersonalization, physical violence, sexually transmitted diseases, unwanted pregnancy amongst other ills. Rape has been categorized into various categories namely acquaintance rape, command rape, fraud rape, date rape, incestuous rape, underage rape, statutory rape, gang rape and marital rape.
Modern realities and cases have shown us that the legal and statutory definition of rape is now ineffective and inadequate because it does not define rape in its entirety. The statutory definition of rape gave us the understanding that rape can only be committed against a female, that is its definition is gendered based. I am of the opinion that rape could happen to anyone, no matter your age, sexual orientation, or gender identity. In recent times, men and boys can also be raped, but they are faced with some challenges because of social attitudes and stereotypes about men and masculinity. Some persons sees male rape as ridiculous and impossible because of the belief that a man can never be vulnerable. The assumption that only female can be raped is based on stereotypes and wrong belief. Male could be raped by females or by male. In 1978,it was reported that a certain lady named Joyce McKinney in the case of “Mormon sex in chains” scandal was convicted for chaining a man and forcing him to have sexual intercourse with her. That is to show that a male can also be a rape victim. In Africa, no man is allowed to be vulnerable. As a man, you have to be masculine and strong. You should never break down or cry. He is meant to be a leader and provides for the whole family. When he fails to reach that set standard, society perceives that there is something wrong. This stereotypical belief has caused much harm and part of the harm is that male are not believed to be rape victims because of their supposed invulnerability. We much understand that victims of rape is not only limited to female it also involves male.
Conclusively, rape is an act that affects its victims psychologically, physically and emotionally. Our laws are said to be progressive, dynamic and never static. Therefore, it should review its statutory provisions for rape and incorporate modern changes in society including provisions for male rape victims . Rape is a serious crime against the dignity and sexual rights of an individual, it can happen to anyone including male and females. A more inclusive and all encompassing definition of rape should be included in our laws and serve as parameters to determine acts which can be classified as rape. Statutory laws on rape should be reformed and reviewed in other to curb the menace of rape.

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Re: Rape Myths And Victims ; Reforming Rape Laws In Nigeria. by Donemmy(m): 4:57pm On Mar 26, 2020
Well said. Nigerians generally have poor attitude towards rape case. Victims are usually not taken serious, no high tech equipments to aid thorough & swift investigation.
Although adequate legislation is important but proper enforcement is key, according to Cesera Beccaria in classical criminology, punishment can only serve its purpose if swift & proportional to the severety of the crime. No amount of legislation can guaranteed a rape free society without proper enforcement couple with social preventive measures such as value reorientation, attitudinal change & sustainable awareness on criminal opportunities.
Proper orientation & possible inclusion of the study of crime such as rape in our educational curriculum will contributes greatly in taming potential rapists as this will provide a synapsis of the devastating effect of rape.
Reduction of criminal opportunities is another viable mechanism. Acts that increases criminal victimisation such as visitation at odd times, being too playful, over trusting opposite sex, seductive clothings, vulgar words, persist night movement & lonely path in precipatory & acquaintance rape are all criminal opportunities that can be easily explored by rapist.
Hence, adequate legislation & social control measures must go hand in hand.

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