₦airaland Forum

jbtobsyn:
Men can't be raped abi or if they both took drugs before sex,you will accuse only the guy of rape abi.

Okay.

donstan18:
Any rape victim is indirectly responsible for it.

It’s usually not a question of responsibility. In the Uk, for instance, a man can rape his wife. Would you say the wife was indirectly responsible for the rape?

Thing is, a crime is a crime, whether or not the victim facilitated it.

Following the recen viral 5 Guys rape of 2 drunk girls - tagged 7 bedroom and 1 parlour. I thought to share a few legal comments on what constitutes rape in Nigeria.

LAWS ON RAPE: WHAT EVERY NIGERIAN SHOULD KNOW

Posted in Crime and Justice by Admin

WHAT IS RAPE?

In a nutshell, rape is non-consensual sexual intercourse. When a man has sex with a woman without her consent (in Nigeria – apart from in the FCT Abuja, only women are capable of being raped). Sexual assault is similar to rape, but is not rape. Sexual assault is any form of sexual contact or behavior that occurs without the explicit consent of the recipient. In this article, we will focus on 4 specific laws that deal with rape:

The Criminal Code – this is applicable in all the Southern States
The Penal Code – this is applicable in all the Northern States
The Criminal Laws of Lagos – this is applicable only in Lagos State
The Violence Against Persons Prohibition Act – this is applicable in only the FCT Abuja.
The Child Rights Act – this is only applicable in the States which have domesticated it


Criminal Code (CC): Under the CC (see s. 357), rape is when any person has sexual intercourse with a woman or girl, without her consent, or incorrectly obtained consent. Consent can be incorrectly obtained where it is obtained:
by force/threat/intimidation
by means of false and fraudulent representation as to the nature of the act,
by a person impersonating a married woman’s husband in order to have sex

Under the CC, sexual intercourse with under aged girls or people with unsound mind (intoxication inclusive) is the offence of defilement, and so technically a person could be charged for rape and defilement.



Penal Code (PC): Under the PC (see s. 282), rape is when a man has sexual intercourse with a woman against her will, without her consent, or with incorrectly obtained consent. Consent can be incorrectly obtained where it is obtained:
by putting her in fear of death or hurt
by a person impersonating a married woman’s husband in order to have sex

Further under the PC, sex with a girl under 14 years of age or who is of unsound mind is rape, irrespective of whether there is consent. Also the PC, explicitly states that sexual intercourse by a man with his wife is not rape.



Criminal Laws of Lagos (CLL): Under the CLL, rape is when a man has sexual intercourse with a woman or girl without her consent, or with incorrectly obtained consent. Consent can be incorrectly obtained where it is obtained:
by force, impersonation threat or intimidation of any kind
by means of false and fraudulent representation as to the nature of the act,

As with the PC, the CLL explicitly states that sexual intercourse by a man with his wife cannot be unlawful, and therefore a man cannot rape his wife.

It is important to note here that in all 3 laws; rape can only occur when the vagina of the woman is penetrated. However, this does not mean that anal unlawful sexual intercourse is allowed. This is a crime, and is covered under different descriptions in each legislation.

The penalty for rape across all the laws is life imprisonment (however this is not a mandatory sentence in all of them).



Violence Against Persons Prohibition Act (VAPPA): The VAPPA defines rape as when a person intentionally penetrates the vagina, anus or mouth of another person with any other part of his/her body or anything else without consent, or with incorrectly obtained consent. Consent can be incorrectly obtained where it is obtained:
by force/threats/intimidation
by means of false and fraudulent representation as to the nature of the act,
by the use of substances capable of taking away the will of that person
by a person impersonating a married woman’s husband in order to have sex.

As you can see, the VAPPA seems like a very progressive piece of legislation. Unfortunately, the law is only applicable in the FCT, Abuja. It does not apply in of the other States of the Federation.



5. Child Rights Act (CRA): The CRA provides that sex with a child is rape, and anyone who has sexual intercourse with a child is liable to imprisonment for life upon conviction.

In court: burden of proof is on prosecution
Actus Reus: penile penetration
Mens rea: intention to have carnal knowledge without the consent or reckless as to whether consent is obtained.


HAVE YOU BEEN RAPED OR DO YOU KNOW SOMEONE WHO HAS?

If you’ve been raped or sexually assaulted, then you should not suffer in silence. Rape is a crime in Nigeria, and if you are a victim you should report the matter to ensure that the person is punished, and ensure that the person does not get an opportunity to do it to someone else again in the future.

Reporting rape can be a very emotional and difficult thing to do, so you should consider getting support from organisations like Mirabel Centre – http://mirabelcentre.org/, where rape and sexual assault victims can get access to forensic medical assistance, and more importantly professional counselling services.

They are located at Lagos State University Teaching Hospital (LASUTH) Ikeja, Lagos, and are open from 9am – 5pm – Monday – Friday, and 10am – 4pm on weekends & Public Holidays. They can also be reached on these numbers: 07013491769, 01-2957816, 08176275732, 08176275695; and on Twitter: @MirabelCentreNG and Facebook: www.facebook.com/MirabelNigeria

https://lawpadi.com/laws-rape-every-nigerian-know/

PS: please note I am not qualified to practice Law in Nigeria. This is just a law blawg advice, and the relevant provisions are as contained in the Statutes cited.

Elder0001:
Kkkk. In one of their posts ,the boys wrote : you guys will be saying come and take us out as if you people don't have fathers abi"

This is a lesson to young girls. African guys whether young or old have the mentality that once they spend on you ,you owe them sex. Young girls should stop collecting money from boys when they won't have sex.

Lemme focus on my work abeg.

You are right bro. And we can blame the parents or society for being too harsh too. Whatever the cause, a crime is a crime. Carry on with your work pls.

Elder0001:
I've watched the 2videos and all I can say is that this isn't rape. They can only be charged with revenge porn.

You guys should go to xnxx and type Nigeria girl fuçked by friends.
Observe the videos and judge for yourself

When a person is drunk? They cannot consent to anything. They should be charged Nd punished accordingly. And rape is a felony. I hope they are taught a good lesson.

lilfreezy:
But why doesn't the Nigerian army work this hard when it comes to fulani herdsmen

Armies follow directives. They only do as they are told - that’s the first rule of the profession.

Dino’s extravagant lifestyle is overboard. I don’t believe he gets all these stuffs with his senatorial allowance.

Not all fingers Re equal. I don’t think it matters . If both of you love each other. Ask her to use a personal pottie... or get her a better apartment. At one stage of our life, some of us have used one of these.

Lol... she is yet to meet a Nigerian guy. I know some Nigerian guys that will marry her and still call her beautiful. Naija guys don’t know ugly when it comes to paper

Jokerman:
Well... Goodbye Ambode... you can decamp to PDP anyways....

However the Yoruba man greed for power is too much... Look at Ben Bruce, just one term and left, buh Ambode decided to disgrace himself....

This also shows yorubas aren't educated as we thought....

Can you guys make intelligent comments without insulting people? I believe you are educated.

They should conduct this Lagos primary already! All these media shenanigans keeps making the party looks clueless. I wish PDP could come up with a really credible candidate.

In law, a man can use reasonable force to defend his home - Castle doctrine. But if the danger imminent is more than the home owner can handle, he should retreat to safety.

Violence begets violence. And these lads aren’t trained to fight people with guns. I would advise to leave the premises - if the security agencies are failing at their jobs

Tokziby:
Adelabu is a household name in Ibadan, if u know u know. They are like the saraki family in Kwara. His grand father was the former minister of resources during the 50's. The name Penkelemesi was coined after he referred his opposition party as a Peculiar Mess. His listeners didnt understood what he meant as most of them were illiterates but heard the word as Penkelemesi. Hence, the called him mr Penkelemesi.

Nice history bro

InHim4Him:
And all the other killings across the nation? Those don't have families?

Again, That’s a red herring. My comment doesn’t suggest what you have just said. Anyone deserves fair treatment - privileged or not.

samsononyilo:
The ones Fulani people hv bn killing, they are not related to anybody? They are aliens?

That’s a red herring. My comment doesn’t suggest what you have just said. Anyone deserves fair treatment - privileged or not.

ugwusunday:
Person wel don die don die, leave matter for matyers jooor

That’s someone’s father, and Family. Family is everything bro. They deserve some respite.

aolawale025:
If its really direct primaries, why not the people decide. Why endorse anyone

These are all media politics. It’s just to sway public interest. Many people thought so highly of Ambode up until this guy came around in the news. And some of the people praising Ambode on NL are now clamouring for his exit.

Media politics can be so devastating. I imagine the primaries will be keenly contested.

#I still think Ambode will win though. At least if APC wants to retain Lagos.

Every society with its problems.

America has a gun problem.
The UK has a Knife problem.
Nigeria has a leadership problem.

I wonder which is worse

I recall when Funke started out in “I need to know”.

I have realised over time that God’s grace does not work in vacuum. Work smart, pray hard, above all - persistence in both: it will turn-up with time.

BonkoINC:
Hack kor .. lemme hear word. You think Mark was able to be top 5 richest in the word if his Facebook was that easy to hack.? Orisirisi news.

Did you read the post at all sir?

The source is independent.co.uk, it’s not a naija blog sir.

Plus, only God is infallible!

crazygod:
Its so sad that in a country as complex as ours, its the blind that's leading. This strike shouldn't be for increment of salary but for reduction in govt expenses. NLC leadership na pure olodo dem be.

That’s strange.

Reduction on which expenses? Stuffs like that are outside labour’s power, and indeed responsibility.

The increase in minimum wage is long overdue. It’s the responsibility of the government to reduce their expenses so that they can increase the standard of living of their people. With all the shambles project they spend billions on, how has it benefitted the poor man that receives 18k in a month?

That pay structure is not sustainable under the current economic realities. I am afraid I am with the NLC on this.