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Can A Man Be Raped Under The Nigerian Criminal System? - Crime - Nairaland

Nairaland ForumNairaland GeneralCrimeCan A Man Be Raped Under The Nigerian Criminal System? (402 Views)

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Can A Man Be Raped Under The Nigerian Criminal System? by Treash(op): 1:11pm On Aug 17, 2020
Treash:
Section 357 of the Criminal Code Act, 2004 defines Rape thus:
“Any person who has 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 threat or intimidation of any kind, or by fear or harm, or by means or false and fraudulent representation as to the nature of the act, or in the case of a married woman by personating her husband, is guilty of an offence which is called rape."

In a particular case, the Supreme court held that in a charge of rape or unlawful carnal knowledge of a female without her consent, it must be established that there was a penetration of the penis into the vagina. This underlying factor remains that rape is applicable to women.

However, by virtue of Section 1of the VIOLENCE AGAINST PERSONS (PROHIBITION) ACT, 2015, which is only applicable to the Federal Capital Territory, male can also be raped. The definition of rape applies to both male and female, however it's only operative in the FCT alone.

From the foregoing, men can not be considered victim of rape, except at the FCT. Section 1(1)(a) of same law in the FCT states that the instrument of rape does not have to be a penis alone, it can be another part of the body e.g. hand, or an object e.g. Love Machine or even objects like pens, pencils etc.

There could however be a reform of our laws to protect our men from sexual violence in other states outside the FCT.

Barr Adeolu Ayo Aderinto.
Re: Can A Man Be Raped Under The Nigerian Criminal System? by lexander(m): 3:55pm On Aug 17, 2020
Nope according to the above mentioned males can't be raped or sexually assaulted
Re: Can A Man Be Raped Under The Nigerian Criminal System? by Treash(op): 10:58am On Aug 18, 2020
lexander:
Nope according to the above mentioned males can't be raped or sexually assaulted
Yes sir.
Re: Can A Man Be Raped Under The Nigerian Criminal System? by adecz: 11:37am On Aug 18, 2020
So, a woman can forcefully make
a guy have sex with her & the guy will
not get justice? angry sad sad

So, Ngozi is free!! Choi !! cry cry cry cry
Re: Can A Man Be Raped Under The Nigerian Criminal System? by lexander(m): 1:51pm On Aug 18, 2020
adecz:
So, a woman can forcefully make
a guy have sex with her & the guy will
not get justice? angry sad sad

So, Ngozi is free!! Choi !! cry cry cry cry
yep according to the Nigeria Constitution it's impossible to rape a male
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