TABLE OF CONTENTS
TITLE PAGE i
CERTIFICATION ii
DEDICATION iii
ACKNOWLEDGEMENTS iv
TABLE OF CONTENTS vi
TABLES OF CASES x
TABLE OF STATUTES xvi
ABBREVIATIONS xvii
ABSTRACT xx
CHAPTER ONE: INTRODUCTION
1.1 Background to Study 1
1.2 Statement of Problem 3
1.3 Scope of the study 6
1.4 Objectives of the Study 7
1.5 Significance of the Study 7
1.6 Methodology of Research 9
1.7 Organization of Study 9
1.8 Definition of Terms 10
CHAPTER TWO: LITERATURE REVIEW 14
CHAPTER THREE: A PANORAMA OF THE OFFENCE OF
RAPE UNDER THE NIGERIAN CRIMINAL JUSTICE SYSTEM
3.1 Definition of the Offence of Rape under the Nigerian Criminal
Justice System 23
3.1.1 The Mens Rea 28
3.1.2 The Actus Reus 29
3.1.3 The Penal Code 30
3.2 Capacity to Consummate the Offence of Rape 31
3.3 Examination of the point at which the offence of rape can be s
aid to be consummated 34
3.3.1 Penetration 36
3.4 The Concept of Consent as a Vitiating Element 40
3.4.1 Consent by Force, Intimidation or Threat 41
3.4.2 Evidence of Past Sexual History of Victim and Consent 41
3.5 The Proper Standard of Reasonability 42
3.6 The Concept of Fraud 45
3.7 The Effect of Administering Mind altering substances 46
3.8 Non-Consensual Condom Removal 49
3.9 Statutory Rape and Defilement of Girls; should there be a Merger? 51
3.9.1 Statutory Rape in Nigeria 52
3.9.2 Distinction between Statutory Rape and Defilement of Girls;
should the Offences be Merged? 53
3.10 Corroboration in Sexual Offences; the Propriety 55
3.11 Attempted Rape 56
CHAPTER FOUR: A PERUSAL OF THE OFFENCE OF RAPE
AS IT APPERTAINS TO PERSONS WHO CAN CONSUMMATE
THE OFFENCE AND THE OBJECT AND SUBJECT OF COMMISSION
4.1 Capacity of a Man to Commit Rape 59
4.1.1 Capacity of a man to rape in Nigeria 62
4.2 The Ability of a Woman to Commit Rape 67
4.3 Can a Child below Twelve Years Rape? 73
4.4 What is the Propriety of the Assertion that Rape may be
constituted as Between Men and Vice Versa? 73
4.5 The Object and Subject of Rape: Should their Meanings
be expanded? 76
4.5.1 The Need for Expansion of the Meanings of the Object and
Subject of Rape 78
4.6 How has the Violence Against Persons (Prohibition) Act
2015 Affected the Capacity of Persons who can Commit Rape? 79
4.6.1 Limitation of the Definition of the Offence of Rape as Contained
in the Violence Against Persons Act 83
4.7 The capacity of a Man to Rape the Wife and Vice Versa 85
4.7.1 Can a Husband be said to commit Rape on the Wife 85
4.7.2 Limitations to Marital Immunity 88
4.7.3 Can a wife rape the husband? 90
4.8 The Concept of Indecent Assault 91
4.8.1 Elements of Indecent Assault 92
4.8.2 Indecent Assault in Marital Relationships 95
4.9 Gentle Violence and Marital Rape: The Way Forward 97
4.10 Acquaintance Rape 98
4.11 The Constitutional Right to Privacy vis á vis Rape Reporting 99
4.12 Health Consequences 101
CHAPTER FIVE: SUMMARY, CONCLUSION AND RECOMMENDATIONS
5.1 Summary 104
5.2 Conclusion 108
5.3 Recommendations 110
BIBLIOGRAPHY 114
ABSTRACT
This research project titled: An Appraisal of the Offence of Rape under the Nigerian Criminal Justice System, seeks to peruse and appraise the position of the criminal justice system as it appertains to the offence of rape. Emphasis is laid on the adequacy of the present state of the law of rape, the main object being the proffering of suggestions for modulation of the current position, with a view to curbing the crime and filling the lacunae in its definitions. The phenomenon of rape has both social and psychological effects in the society. This project sets to demystify the offence of rape under the Nigerian criminal justice system identifying the social, psychological and medical aftermaths associated thereto. It also falls within the purview of this work to criticize the definitions of the offence as provided under the various Nigerian statutes. These statutes include the penal code, the criminal code Act, et al. Under the criminal code, persons who may consummate the offence of rape are restricted to men who are above the age of twelve. In this project, an attempt has been made to expand the range of persons who may consummate the offence of rape. This is very pertinent as under the present criminal dispensation, only a man is capable of committing the offence and upon a woman, hence, no woman can commit the offence. This work sets to counteract the propriety of this position. The project also sets to fully appraise the issues of marital rape, indecent assault and non-consensual condom removal. It is proposed to proffer a concrete proposal on the definition of rap having regard to current trends in developed societies.
Word count: 275
CHAPTER ONE
INTRODUCTION
1.1 Background to Study
Rape is an assault, an aberration of the right to dignity of human persons irrespective of the gender. It is a crime against humanity, and for this particular reason, both the municipal and international communities have made attempts to eradicate its occurrence via the enactment of penal laws to deter and curb its prevalence.In Nigeria, in order to achieve this, various codes have been enacted; the Penal Code for the North,[1] and the Criminal Code Act[2] for the South.
The above legislations have attempted to define the offence of rape, stipulating punishments attaching thereto. As apt and concise as the definition of the offence of rape may appear in these Codes, it is not without lacunae. This has agitated much criticisms and arguments in some quarters concerning some extant legal issues not considered by these Codes.
[1] Penal Code Law (No. 18 of 1959).
[2] Criminal Code Act (Cap. C38 LFN, 2010).