₦airaland Forum

ItsGoodToBeGood:
Congratulations bro, you've just won the grand prize.







I just hope infection is not added to your winnings

dollynnn:
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[b] 6[/b] 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 the 36 states in Nigeria save for the F.C.T Abuja.
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 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 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
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]

Cc Mynd44
OAM4J
Lalasticlala
Mods, kindly move to the FP

dollynnn:
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[b] 6[/b] 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 the 36 states in Nigeria save for the F.C.T Abuja.
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 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 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
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][/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
Cc Lalasticlala
Fynestboi
Richiez
Olawalebabs
Mods, kindly move to the FP

Xenry:
Bro, don't listen to those girls that want you to marry them. Even if they get married tommorow, relax, women no dey finish.

---

Well, that's so wise of you- building an asset before getting married. That's good bro. And about everything being too late, bro, relax, you no be woman wey dey get menopause, how old was Ned Nwoko when he got married? You see? You no get any problem.

---

Marry when you're ready, not when you're pressured. And I like the part you wrote that you don't want to bring children that will come and suffer —That's how it should be!

ImoleNaija:
The only way to avoid sex is avoiding romantic relationship.

If you're truly spiritual & godfearing as you claim, it wouldn't be hard for God to show you your right partner even if it would only take you 1-month courtship before marriage.

Pitifully, some girls want no-sex-relationship because they think they are now old enough to get married, so they want their kpetus to have some rest before the last man comes.

If you're a virgin girl or boy & want no sex, stay away from romantic r/ship, I mean bf & gf stuff.

Akposy:
Food picture at last.
Chicken pies, cinnamon rolls, creamy doughnuts and suya chicken.

Good evening

Richy4:
I may not be an expert but I believe that you signed a contract right?
If any employer( private) told you that he/she will be paying you #25000, and you sign.. do u think it is morally correct to now sue him/ her?.. there's power in signature..

If u have already taken the position before the labour law of minimum wage was enforced, u have the right to bring it up to your employer.. if he/she says that your original amount being paid to you stands, then u can resign honorably...

femi4:
You can't sue them if you already agreed to less than 30k in your letter of appointment by appending your signature

Talk2david1:
Good evening nairalanders. I need an answer to the above question most preferably by the lawyers in this forum. Sometime ago, the President signed into law the new minimum wage of #30,000 but some employers especially private school owners still pay their staff as low as #10,000 monthly. Even here in calabar some weeks ago, the street sweepers were protesting for not being paid their '#7,500' salary for 6 months. My question is,
Does the #30,000 minimum wage apply only to government workers or are private employees suppose to adhere to this law also?
And in a case where you work in big Private school that makes up to 70 million in a term, can You sue your employer for paying less than the minimum wage without loosing your job or being fired?

daddytime:
I am and will, sis.

So, continue to help me God.

I only wished they could just see and understand where I'm coming from.

Immaturity, hate, and ignorance won't let them.

But it's all good.

When I read comments like yours, relive the past, see how much sticks I get for my coming out, I shed tears like I just did. But afterwards, I feel relieved and more fired-up to continue in my resolve.

Happy Sunday.

franchasng:
Nigeria is a fertile soil for Ponzi business. Maybe its time I launch mine and cash out like others before it becomes obsolete, and before my Burundi visa expires