alexistaiwo:
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?

princejenks:
Yea,attempting to have sex with a married woman is criminal especially if the husband discovers and charges the culprit to court.

pinkycute:
My dear, it's not a criminal case at all...

firstking01:
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?

princejenks:
can you prove that? Pls quote sections of the constitution or criminal law to prove this

pinkycute:
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.

mysticgal:
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.

alexistaiwo:
thumbs up. when u see beauty with brains u will know

alexistaiwo:

this happened in Lagos

alexistaiwo:
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?

discoprophet:

Officer, you don leave the case come dey see beauty with brains?

mysticgal:
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?

pinkycute:
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:
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.

alexistaiwo:

that means the apprentice is being illegally detained

mysticgal:

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

alexistaiwo:

when u see a lawyer worth her weight in gold u will know

princejenks:
Yea,attempting to have sex with a married woman is criminal especially if the husband discovers and charges the culprit to court.

mysticgal:

No vex, I jus wanted to know where you heard this one from

mysticgal:

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

pinkycute:
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.

mysticgal:

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