RAPE CASES IN NIGERIA: Considering the Victim

Authored by;

AGBEDO Gideon Ohiani L.P.,

([email protected])

IJI Emmanuella Otelahu L.P.,

TYOYIMA Felix Zungwenen L.P;

And

Dr. GYANG Garos MBBS.

Abstract ?

This article attempts to critically analyze the concept of rape; from the perspective of the law, the notion of justice, the perpetuators, the victims and the society. This we hope will bring a little bit of clarity to certain nagging questions that are associated with the menace of rape and how the society treat the victims of rape. With the rise of rape cases and an equal resolve of the government in prosecuting rapes cases, this article throws more light on the existing laws with the aim of putting the victims at the forefront and proffering certain solutions towards minimizing the number of rape cases recorded and treatment (therapeutically and otherwise). Thus, a number of professionals from across different field has been consulted and their input appropriately effected. We urge the government and other stakeholders involved not to take a gloss look at the issue but critically access this document, the recommendations and draw a conclusion that points towards curbing to the minimal the surge in number of rape cases.

1.0 Introduction

Throughout history the issue of rape has been one that is not generally accepted, be it to a particular group of people, society, religion or culture. Though this point maybe argued otherwise. There are instance of rape in the bible[1] (with dire consequences following it, showing how it is not acceptable to God and men of that time), in offices (usually in form of sexual harassment and soliciting), in schools (with students and lecturers), among political office holders, clergy men, hospital, the list is endless.

The crime of rape is perpetuated by people from across different spheres of life and culture. No culture or group of people support this, yet it has thrived across time, space, different cultures and people, in the form of date rape, power rape, gang rape, ritual rape, anger or retaliatory rape and sadistic rape. In each of these forms/types of rape, the victim is usually helpless and a scar of a lifetime is left behind, one that may never be healed.[2]

The rise in the reported cases of rape has been on the surge with 1 in every 4 Nigerian girls are sexually assaulted?before the age of 18[3] and this is just the official report exclusive of the boy child that gets defiled with no report or consequent action being taken. While this has been credited to increase in awareness efforts in getting victims to talk and report these cases to the appropriate agencies, the figures is however disheartening. The creation of awareness is no small task as the crime of rape comes with its own peculiar issue of stigmatization, majorly because of how our society perceives sex, purity and sexuality. The situation is even worse when you consider that women and children are reportedly being raped in Internally Displaced Persons’ camp, a place where these people run to for shelter.[4]

?The majority of NGOs, Human Right watches and activist have over the years focus on getting justice for the victim and little or no efforts has been placed in finding a positive solution to reduce the surge in rape cases or the psychological well-being of the victim (While this maybe because there is no permanent solution to the evil of rape). The works of these bodies has helped in getting people talking and coming out to seek for justice (which explains the surge in the recorded numbers of rape victims as more people are opening up about their experience), more still needs to be done. The number of convictions and cases being prosecuted have increased with some measure of success recorded. The crime of rape leaves a great measure of trauma on the victim, such that last a lifetime. The effect is have such consequence that affect the mental, emotional, psychological well-being of the victim. The justice system in Nigeria seems to put its central attention on the perpetuators and how they can be brought to book. Thus, enormous resources is expended on getting the perpetuator punished and put away so as to temporarily put a stop to the perpetuators evil ways and serve as deterrence to others. However, the victim is left hanging with her/his problems, almost as if the society doesn’t care. While the victim may take some measure of solace in the fact that the perpetuator has been put away; the victim is left alone in the journey of recuperating and most never does. The after effect can be sublime and at other times obvious, with most not being able to trace it to the incidence of rape.?

2.0 Definition of Rape

Rape is defined in most jurisdictions as sexual intercourse, or other forms of sexual penetration, committed by a perpetrator against a victim without their consent.[5] It is also defined as vaginal, anal or oral penetration into the body of another person using the genitals or any other object that involves threats or force against a person who is unwilling (i.e. non consenting) or incapacitated because of cognitive or physical disability or intoxication. The Court of Appeal per Abubakar Sadiq Umar, JSA, defined rape in the following terms[6];

“… At common law, it is unlawful sexual intercourse committed by a man with a woman not his wife through force and against her will. Generally, the common law crime of rape required at least a slight penetration of the penis into vagina. In other words, the offence of rape is the unlawful carnal knowledge of a woman or a 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 means of false and fraudulent representation as to the nature of the act, or in the case of a married woman, by personating her husband.”

Sexual assault is rape or any other sexual contact that results from coercion including seduction of a child through offers of affection or bribes, it also includes being touched, grabbed, kissed or shown genitals.[7] However, this might not be statutorily correct in Nigeria as some of the prohibitory instruments made specific mention of penetration of the penis into the woman’s vagina to define rape. Efforts are being made to correct this with the introduction of Violence against People Prohibitory Act and its adoption in various states of the Federation. These legislations will be properly considered and referred to within the body of this article.

3.0 Prohibition Instrument

The Federal Government over years had made a number of legislations in hopes of curbing or at the least discouraging the crime of rape. While some states have domesticated these legislations to fit into the dynamics of each of the states, other states are still however lagging behind in this aspect.

i.???????????????????The Criminal; Section 357 of the Criminal Code Act[8] applicable in the Southern part of Nigeria, defines rape as follows; “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 threats or intimidation of any kind, or by fear of harm, or by means of 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.” Section 358[9] of the same Act states that the punishment for the offence of rape is imprisonment for life. It is imperative at this point to refer to the Criminal Code’s definition of ‘carnal knowledge’ since that is the key word in the offence.[10] According to section 6 of the Criminal Code Act[11], the offence of rape is complete upon penetration. Furthermore, unlawful carnal knowledge is one which takes place otherwise than between husband and wife

ii.????????????????The Penal Code; Section 282 of the Penal Code[12] which is applicable in the Northern part of Nigeria defines rape as follows;

“(1) A man is said to commit rape who … has sexual intercourse with a woman in any of the following circumstances:-

(a) against her will;

(b) without her consent;

(c) with her consent, when her consent has been obtained by putting her in fear of death or of hurt;

(d) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is the man to whom she is or believes herself to be lawfully married;

(e) with or without her consent when she is under fourteen years of age or of unsound mind.?

(2) Sexual intercourse by a man with his own wife is not rape, if she has attained to puberty.

The definition presumes only penetration of a vagina by a penis and discriminates against women and girls who may have been raped by use of a foreign object or who have been penetrated orally or anally by the penis or any other foreign object. The consent can be incorrectly obtained where it is obtained (i) by putting her in fear of death or hurt or (ii) by a person impersonating a married woman’s husband in order to have sex.[13] The definition just like the criminal code presupposes that man cannot be raped.

iii.??????????????Child Right Act; section 31 and 32 of the Child Right Act[14] ?provides for unlawful sexual intercourse with a child e.t.c. and other forms of sexual abuse and exploitation. In 2003 Nigeria adopted the Child Right Act (CRA) domesticating the UN Convention on the right of the child. Section 31[15] provides that, “(1) no person shall have sexual intercourse with a child…” According to the said provisions even if a child gave his or her consent, the adult or culprit have committed rape against the child and if found guilty, could face life imprisonment. Sexual abuse of a child is violence against the child.[16]

iv.??????????????Violence Against Persons (Prohibition) Act, 2015; Section 1[17] of the Violence against Persons (Prohibition) Act, 2015 rape was defined as follows;

“(1) A person commits the offence of rape if- he or she intentionally penetrates the vagina, anus or mouth of another person with any other part of his or her body or anything else; the other person does not consent to the penetration; or the consent is obtained by force or means of threat or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act or the use of any substance or addictive capable of taking away the will of such person or in the case of a married person by impersonating his or her spouse.”

v.?????????????????Under both Penal Code of the Northern Nigeria (Section 283) and Criminal Code (Section 357), perpetuation of rape is exempted within the confines of marriage. Once the marriage is subsisting and the wife has attained puberty, any sexual intercourse with her is never rape.

4.0????????????Human Rights Issues and Rape

For starters, as citizens of Nigeria we are all entitled to a certain degree of rights and while some of these rights are fundamental and highly justiciable, others are existent but non justiciable. Collectively these are called Human rights.

Rape is criminalized and defined under the Penal Code of northern Nigeria thus;

“A man is said to commit rape who has sexual intercourse with a woman in any of the following circumstances: against her will; without her consent; with her consent, when the consent is obtained by putting her in fear of death or of hurt.”[18]

The penal code in section 282(e)[19] goes further to state that;

“Sex with a girl under 14 years of age or a girl who is of unsound mind is rape, whether or not there is consent”

Under the Penal code the punishment for rape is life imprisonment. However this is not a mandatory sentence. What this means is that the court can of its own discretion give a shorter sentence to the accused person. Also the accused person when convicted can be fined.

Another important thing to note is that rape victims are not just restricted to the female gender even males can be raped: the key here is consent.

The 1999 Constitution of the Federal Republic of Nigeria[20] (as amended) provides for the right to dignity of human person. This simply means that a person should be valued and respected for their own sake and be treated ethically. Rape has long been thought of as a prime example of a violation of Human Dignity, in recent times however, it’s being conceptualized as a Human Rights Violation in totality. Every member of the society should be held with dignity and respect and in the exercise of our personal rights; it is the duty of those around us to keep from violating our rights. A lot of protests have been held in recent times regarding rape, sexual assaults and gender based violence in totality, with the Alliance for Africa, a Human Rights group stating that rapists who are men should get castrated while the females should have their fallopian tubes removed. This has led people to state that these penalties are equally as cruel and inhumane.?The truth of the matter is that once a person is raped, he or she has been robbed of all their Human Rights.

5.0 Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Rape

?Chapter 4 of the 1999 constitution (as amended) provides for the rights of all Nigerians guaranteed; the chapter spans from sections 33 – 46.[21]

Section 33; Right to Life[22]

Talks about the “Right to Life”, it states that every person has a right to life and no one shall be deprived intentionally of this right save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria. This provision goes beyond merely breathing in and out of air. It also entails our quality of life. In rape cases, even if the victim does not lose his or her life during the act, their quality of life is deeply affected. Their psychology is affected and the trauma they go through can be terrible, leading them to think of taking their own lives as a result.

Section 34 Dignity of Human Person[23]

Talks about the “Dignity of Human Person”, it states that every individual is entitled to respect for the dignity of his person. No person shall be subject to torture, or to inhuman and degrading treatment…. The very act of rape itself is very degrading and inhuman to the victims.

6.0 What Does the VAPP Act Say About Rape?

There are five (5) ways the Violence against Persons Prohibition Act[24] has changed the offence of rape;

a.?????Women and Men can be raped. Prior to the advent of this law, only women could be raped. It is the first Nigerian legislation that has acknowledged that men can be raped.[25]

b.?????“Instrument” of Rape. The instrument of rape does not have to be a penis. It can be another part of the body, e.g Dildo, Hand even Pens or Pencils etc. as opposed to any other law.

c.?????Minimum Penalty for Rape. In other legislations like the Criminal Code, the law provides for a maximum penalty, which means the judge has the discretion to sentence an offender to less than the maximum Penalty. The minimum penalty for rape under this Act is 12 years imprisonment.[26]

d.?????Financial compensation for Victims. The law recognizes the rights of the victim to Financial Compensation. Financial compensation for victims is a welcome trend. The victim might need to go for therapy etc after being raped. This would normally have been paid by the victim, but now the offender can be made to pay for this.

e.?????Sex Offender’s Register: - the law provides that rapists when convicted will have their details entered into a sex offender’s register. A sex offender’s register is a system designated to allow government authorities keep track of the residence and activities of sex offenders, including those who have completed their sentences. The National Agency for Prohibition of Trafficking in Persons (NAPTIP) has created an offender register called the Nigeria Sexual Offenders Database.

f.??????Rehabilitation of Victims[27]; victims of rape and sexual violence in general are entitled to free medical treatment, access to therapeutic facilities, social and legal facilities through government agencies or NGO. However no specific agency was designated to so Act. It is implied that government agencies designed to render any of the above services and facilities are to do so at no cost to the victim.

7.0????????????Does the Populace Know Their Rights?

The provision of the law on rape is one thing, whether or not the populace knows their rights is another issue entirely. There is a biting illiteracy in Nigeria, especially in the north. Most of the time acts of rape are carried out and both the perpetrators and the victims themselves may not know that the act committed is a crime. Although it is said that ignorance of the law is not an excuse, the public needs to be taught their rights and duties as citizens as this will help in reducing the menace.

8.0 Factors That Encourage the Prominence of Rape Cases

i.???????????????????Victim Credibility; often times we hear of victims being blamed for falling victims in the way they dress or for their chastity (or lack of it) or their lifestyle or for being at a place at a particular time. Where these issues are raised it has the power to influence the judges thought even though these things (legally) should not matter, however they do. This also points that even the educated elite still believe that the victim contributes to the circumstances that led them to being a victim to these situations. During one of the sensitization the Legal Aid Corp Lawyers embarked on (sometimes early 2021), we found out that even teachers have this opinions that it is sometimes the victim’s fault. However we posit that it is never the victims’ fault and this should reflect in our laws. This becomes obvious in different cases where the victims are dressed in Niqab or full hijab dresses.

ii.????????????????Fake Rape Allegations; this is a strong factor that makes the case for rape prosecution difficult. As there are various instances where the supposed victim have been proven not to be victims at all but master mind of evil often with malicious mind. This has made the state to be careful in prosecution of cases of rape thus impeding on the rights of those with legitimate cause. A false rape accusation can be very problematic to the defendant; both to his personal life and professional life as the mere accusation of the offence alone carries stigma with it. This further complicate cases of genuine rape cases which abound in great numbers.[28]

iii.??????????????Victim Blaming; what exactly is victim blaming? This is a devaluating act that occurs when the victim of a crime is held responsible, in whole or in part, for the crime that has been committed against them.

???????????????????????Examples

1.?????That skirt is too short, no wonder you got raped.

2.?????You walk through dangerous neighborhoods, what did you expect?

3.?????You aren’t expressing any emotions so it mustn’t have happened.

These are a few examples of victim blaming with regards to rape.

iv.??????????????Culture and the Culture of Silence: - northern Nigeria is highly conservative and religious. Certain things are held in high regard like piety and chastity, so that when a person is raped, they are stigmatized and seen as unfit for marriage or generally unclean. Thereby making rape victims scared of reporting to the authorities when such incidences occur. This is a huge problem because many cases of rape have been unreported, or the victims are threatened to be quiet or face grave consequences or banishment from the society either by their family members or from the rapists themselves.

v.?????????????????Lack of Proper Data and Statistics: - due to the conservative nature of the north, a lot of cases of rape are underreported so the adequate statistics and data are not provided for which is quite unfortunate.

vi.??????????????Psychological or Mental Related Issues: - the crime of rape runs deep. It is not just that (physical), it is psychological and mental as well. The fact that a grown person can rape a baby has to be some kind of psychological or mental decay. Having a weird fetish for sexual violence just proves that the rapist needs therapy. This stems from a lot of things, either from being sexually abused previously or drugs or just plain evilness.

vii.????????????Age: - generally speaking, younger people (male and female) are more susceptible to being raped than older people. Not just rape but many other forms of sexual violence are very closely associated with young age as most acts of rape take place in schools, or as a result of child trafficking or at home. The key word here is most. That is not to say that older people do not fall victim to rape.[29]

viii.?????????Alcohol and Drug Consumption: - an increased vulnerability to rape stems from the use of alcohol and other drugs.?This goes both ways. It could affect both the victim and the rapist. On the part of the victim, the use of alcohol or drugs could cloud their sense of judgment and prevent them from noticing warning signs or red flags from the rapist. Their inability to notice these signs puts them at a higher risk of being raped. On the part of the rapist as well, it has been reported that a lot of the rapists commit these heinous crime under the influence of alcohol or drugs that heighten their libido or cloud their sense of judgment at that point in time. Whatever the case, there is absolutely no excuse for rape.[30]

ix.??????????????Educational Level: - this is a very important factor that affects rape cases. The lack of education and empowerment amongst the citizens has put them at a greater risk of falling victims of rape. For example a lot of people are unaware of the fact that there is spousal rape, which involves rape by intimate partners married or unmarried. Also, lack of proper sex education among the children has also put them at great risk of falling victims. An educated society is less likely to experience rape than an uneducated one. The likely explanation is that greater empowerment comes with more resistance from women and minors to rape. In northern Nigeria, rape is more prominent because of little or no enlightenment and empowerment. It is important that we change the narrative not just to protect this present generation but the next.

x.?????????????????Poverty and Joblessness: - this is another important factor that affects the prominence of rape cases. In northern Nigeria, many of the victims of rape are from poor backgrounds. Children and young people who fall victim to rape usually are left to fend for themselves unsupervised, to hawk or sell goods or generally to take care of themselves and in the course of doing their dealings they may fall victim. Also, victims of rape may have not been able to provide for themselves and were coerced by people who promised them those things. During the Covid 19 lockdown, a lot of people were stuck at home, businesses closed, a lot of staff laid off. The reports of rape skyrocketed in Gombe state (Nigeria) to an alarmingly figures. If the citizens are engaged in work, the rate of rape is reduced.[31]?

xi.??????????????Lack of Proper Prohibitory Instruments: - it is believed that if laws are implemented carrying steeper penalties for rape, it will serve as a deterrent. This is debatable however because, there are capital punishments attached to certain crimes but that has not really deterred some people from committing these heinous crimes. The best thing to do in this circumstance would be to make steeper penalties and educate the general public, bringing to their knowledge the crime of rape and the punishment attached. Having prohibitory instruments for rape is one thing, having a strong and active criminal justice system to properly investigate and bring to book all persons guilty of rape is another thing.

xii.????????????Having previously been raped or sexually abused: - it is basically a vicious cycle, people who were raped or sexually abused in the past may have some resentment which has been unsettled, or their psychology has been messed with. It has been determined that people who have been previously raped or abused in the past especially in their childhood are twice as likely to commit the acts of rape later in life(adulthood)?than those who had a relatively normal childhood. There is a long term impact abuse and rape has on victims and in the society at large, it is a poisoned stem that needs to be cut off.

xiii.?????????Lack of Proper Rehabilitation Facilities: it is true that most of convicts in the Nigerian correctional facilities are not being given proper orientation tailored to suit the particulars of their crimes. Thus, it is still more of prison and a place for punishment than it for rehabilitation. The nature of the offence of rape is such that is easily repeated and the punishment of incarceration is just not enough to curb the menace.

9.0 The Medical Angle

Statistics have shown that females are raped and sexually assaulted more than males. Male rape is often committed by another man with a small handful reported cases of female raping men. Males who are raped are more likely than females to be physically injured with the anus getting damaged and with high risk exposure to sexually transmitted disease.

?Rape may result in;

???????????Extra genital injury

???????????Genital injury

???????????Psychologic symptoms

???????????STDs – syphilis, Gonorrhea, chlamydia infection, Trichomoniasis, Hepatitis, HIV infection, Bacterial vaginosis.

???????????Pregnancy

Most physical injuries are relatively minor but some lacerations of the upper vagina can be severe for women. While the case is worse when penetration occurs anally especially for children.

Recent evidence indicates that a lifetime experience of rape is also related to a long-term physical health problem e.g. risk of asthma, irritable bowel syndrome, frequent headaches, or chronic pain is higher in rape victims.

Psychologic symptoms of rape are potentially the most prominent. In the short term, most patients experience fear, nightmares, sleep disorders, anger, shame, guilt, dissociative amnesia – symptoms of acute stress disorder or post-traumatic stress disorder (PTSD).

Eventually, most patients recover. However, long range effects of rape may include PTSD. Symptoms of PTSD Include;

???????????Re-experiencing the trauma (flashbacks, intrusive upsetting thoughts or images)

???????????Negative effects on cognition and mood (e.g. persistent distorted blame of self or others) inability to experience positive emotions.

???????????Altered arousal and reactivity (e.g. sleep difficulty, irritability, concentration problems).

9.1 Evaluating Victims of Rape

Goals of rape evaluation are;

???????????Medical assessment, treatment and prevention of pregnancy and STDS.

???????????Collection of forensic evidence.

???????????Psychologic evaluation

???????????Recommendation of crisis intervention and psychologic support.

Whenever possible all people who are raped are referred to a local rape center, often a hospital emergency department; such centers are expected to be staffed by special trained practitioners ( e,g sexual assault nurse examiner [SANE], SART Team – sexual assault response team) which include members from?health care, forensics, local rape crisis center, law enforcement, prosecutor’s office.

Benefits of rape evaluation are listed but patients are free to consent to or decline the evaluation. The police are notified if patients consented.

Patient may be more comfortable with a physician of same sex. Examiner should try and be non-judgmental. All patients should be asked about their preferences before the examination. Patients are provided privacy and quiet whenever possible.

A form (sometimes part of a rape kit) is used to record legal evidence and medical findings. It should be adapted to local requirement because the medical records may be used in court, results should be written legibly and in non-technical language that can be understood by a jury.

9.2 Treatment

Aim - Provide treatment to prevent pregnancy and STIs including HIV

????????-Treat injuries.

?????- To relieve strong emotions of guilt and anxiety, to reassure and????????????????????????provide rehabilitation and general support.

1.????????Pregnancy test.

2.????????Emergency contraceptive pills.

3.????????HIV testing- PEP (post exposure prophylaxis) within 72hrs(AZT,3TC) repeat test after 3months.

4.????????Antibiotics.

5.????????Hepatitis B vaccine if not exposed.

6.????????Tetanus Toxoid.

7.????????Psychological support

8.????????Follow up.

10.0 Recommendations

a.?????Rehabilitation Efforts; the justice system seems focus on getting the perpetuator incarcerated and put away from the rest of the society without considering the situation of the victim and the his/her health. On the flip side, while incarcerated, the perpetuator lacks proper facilities necessary for rehabilitation and when eventually released is bound to repeat same.

b.?????Sensitization and Proper Sex Education in Schools; sex education should be made part of school curriculum and there should be public sensitization programs put in place for members of the general public to make the public more aware of their rights.

c.?????Involvement of certain key players in the Justice Process through creation of a State Domestic and Sexual Violence Team (DSVRT) (like the Lagos Model). It is our recommendation that a special unit within the Ministry of Justice be created (including other professionals from the Ministry of Health, Ministry of women affairs, NGOs and others) to form a social justice system for prosecution of sexual violence related crimes and a rehabilitating hub for the victims of sexual violence through an executive order or legislative pro-activeness. This ‘hub’ will see to the welfare of the victims through provision of a therapeutic treatment and a reintegration of the victims to be able to function as best as they possibly can under the circumstances. At the same time providing retribution justice and a reformatory justice to the perpetuators.?Retribution in the sense that the perpetrators are made to go through the court process to the point of conviction and reformatory justice in that they would be given an ample time and exposure to medical (Psychological or otherwise) treatment. It is our recommendation that the issue of rape should be looked at holistically; preventive measures, prosecution measures and rehabilitation measures (for both victims and perpetuators). The role of the DSVRT in Lagos is simple and reinstated below;

“DSVRT Is a collection of professional service providers and officials that respond as a group and in timely fashion to the various needs of domestic and sexual violence survivors by providing legal, medical, emergency assistance, counselling and psycho social support. It is to encourage and create an unprecedented level of collaboration among professionals working to end sexual and gender based violence”.?

d.?????Creation of a body on Safeguarding and Child Protection: a creation of a body under the DSVRT to act as a catalyst for awareness and commitment of all stakeholders, such as the ministry of education, ministry of women affairs, the Almajiri schools and the entire community in the protection of children from sexual abuses and other vices. This will act as a platform to sensitize and educate all the stakeholders involve for their own sake and others directly or indirectly under them. This will ultimately reduce and eliminate the many instances, incidence of child abuse (and rape), establishing the culture of early identification, effective prevention and psychological treatment of those involved.

e.?????Imposition of Stricter Punishment; While there are many debates as to the issue of death penalty, we are canvassing that the least punishment a convicted rapist should get be life imprisonment. Other punishment such as removal of the fallopian tube, castration are welcome development as well.

f.??????Establishment of sexual offences Law; the need for establishment of sexual offences law is to act as a form of deterrence and prevention measure against further commission of the act by the convicted felon (if and when released. Currently only Lagos and Ekiti State have registers containing databases of individuals convicted of sexual offences.[32]

g.?????Criminalization of Fake Rape Cases; in order to make weed out the wrong accusation of rape and the legitimate rape cases there is a need to criminalize false accusation of rape in Gombe state even as other jurisdictions are doing the same. The need to criminalize false accusation rape is very imperative especially with the issues of stigma attached with such accusation.

h.?????Closed and Speedy Trials;[33] closed and speedy trial should be conducted for rape cases. This will help the victim to get over the event in good time (get pass the hurt of having to recount the experience), reducing the rate at which the victims are stigmatized against and reduce or eliminate any form of intimidation that may likely occur.?As a result of the stigmatization often associated with offence of rape (on the side of the victim), a close trial should be conducted for rapes and not just for under girls/boys but for all cases. In Nigeria and many other African cultures, the society has made it seems like a taboo that the male gender cannot be raped. Those that fall victim are told that they ought to enjoy because they are men or that they were weak being overcome by a woman irrespective of the method or form that the rape scenario takes. This often makes men not to seek for help or to report these cases. Thus, with a close system and a speedy trial, we may have more reports, early detection and prevention of future attacks.

i.???????Re-definition of Certain Terms such as Offence, consent and penetration; It is our recommendation that state government be put under more pressure in adopting the VAPP Act and making certain terms more clearer lacking any form of ambiguity.

j.??????Special Court for Sexual Offences Nationwide (example Special Offences Court); in Nigeria, there are specialized courts for handling tax related matters, labour related matters, small claims related matters inter alias. This is to show how much we put value on finances and financial matters, same efforts ought to be adopted in Sexual Offences Matters including gender base violence, rape, sexual assault, sexual harassment, inter alias. As this will bring about efficiency and develop specialty among the major stakeholders especially the judges and lawyers.

k.????Domestication of the Violence Against Persons (Prohibition) Act, 2015[34]

11.0 Conclusion

The takeaway here is that rape is never the fault of the victim but of the rapist. There is absolutely no excuse for rape and rape apologetics need to have their mindsets changed. In order to have a great society, it is important that we know our rights and duties/obligations. Rape is a heinous crime; it must be stopped at all cost. With keen attention to the plight/condition of rape victims, certain reforms as recommended above must be taken into consideration and properly addressed by the stakeholders.

[1] The Holy Bible, Genesis 19, 34, 39, you may access a more detailed account of the history of rape from the biblical angle here,?‘Rape in the Hebrew Bible’,?https://en.wikipedia.org/wiki/Rape_in_the_Hebrew_Bible last accessed 07/11/2021.

[2] I. M. Obibuba, Analysis of the Psychological Effects of Rape on the Academic Performance of Pupils: An Empirical Investigation from the Nigerian Dailies”, available at https://www.ajol.info/index.php/ijer/article/view/205025/193329 Last Accessed on 07/11/2021

[3]N. Gbadamosi, “Why Nigeria Is Losing Its Fight to Prosecute Rape”, Available at, https://foreignpolicy.com/2021/01/18/nigeria-losing-fight-prosecute-rape-sexual-assault-defamation-metoo/#:~:text=According%20to%20UNICEF%20data%2C%201,Nigeria's%20national%20anti%2Dtrafficking%20agency. Last Accessed on 07/11/2021

[4] A Report by OCHA Service Available at, https://reliefweb.int/report/nigeria/sexual-violence-why-rise Last Accessed on 07/11/2021

[5] Smith, Merril D., ed. (2004). Encyclopedia of rape (1st ed.). Westport, Conn. [u.a.]: Greenwood Press. pp. 169?170. ISBN 978-0-313-32687-5.

[6] Norman v. State (2021) LPELR-55647 (CA) (Pp 31-31 Paras F-C).

[7] Under the Nigerian Laws (with the exception of innovations made by the Violence Against Peoples Prohibition Act) this might just be relegated to an act of gross indecency which includes “any unlawful sexual activity or behaviour short of penetration of the penis”, see Ali v Kano State (2018) LPELR-44201 (CA) Per Amina Audi Wambai, JCA (Pp12-15 *15 Paras F-B).

[8] Criminal Code Act

[9] Criminal Code Act

[10] Oyebisi Folayemi Omoleye, JCA in Timithy v State (2020) LPELR-51624 (CA) (Pp 45-46 Paras E-A) defines Carnal Knowledge and intercourse in the following light; “In Black’s Law Dictionary, 8th Edition at page 226, “Carnal knowledge: Sexual intercourse esp. with an under age female”. “Intercourse” is defined at page 827 as “2. Physical sexual contact esp. involving the penetration of the vagina by the penis.”

[11] Criminal Code Act

[12] Penal Code Laws of Northern Nigeria.

[13] See Rabiu v State (2004) LPELR-7382(CA) (Pp 7-8 Paras F-E)

[14] Child Right Act 2003

[15] Child Right Act 2003

[16] See the case of Adonike v State(2015) 17NWLR (Pt. 1458) p.327 where in a sense of speaking Rape and Defilement of a child might mean the same thing as the requirement for proving both are the same except the requirement of consent under rape as child under the age of 11 is incapable of giving consent. And as such once the ingredient of rape is proved, that of defilement is also proven. You may also see the case of State v Ijiwande.

[17] Violence against Persons (Prohibition) Act, 2015.

[18] Section 282 Penal Code Law of Northern Nigeria.

[19] Penal Code Law of Northern Nigeria.

[20] Constitution of the Federal Republic of Nigeria,1999 (as amended 2011)

[21] Constitution of the Federal Republic of Nigeria,1999 (as amended 2011)

[22] Ibid

[23] Ibid

[24] Violence against Persons (Prohibition) Act, 2015.

[25] Section 1 of Violence against Persons (Prohibition) Act, 2015..

[26] Section 1(2) VAPP Act, 2015.

[27] Section 38

[28] For a more in-depth look at the effect of false rape accusation, see “False Sexual Offence Allegations; An Holistic Legal Approach to Protecting Victims and Doing Justice” by I.T Adeyanju available at https//docs.google.com/document/d/1zOukjLGuX8M1ujhRBpVNtTe4QLL1mYJLv1-5U5vB3TE/edit?usp=drivesdk Last Accessed on 10/11/2021.

[29] “Factors Associated with being a Victim of Sexual Violence”, Available at, https://en.wikipedia.org/wiki/Factors_associated_with_being_a_victim_of_sexual_violence Last Accessed on 07/11/2021.

[30] Ibid

[31] “Factors Associated with being a Victim of Sexual Violence”, Available at, https://en.wikipedia.org/wiki/Factors_associated_with_being_a_victim_of_sexual_violence Last Accessed on 07/11/2021

[32] Agency Report., ‘Lagos adds 206 convicts to sexual offenders register’, available at https://www.premiumtimesng.com/regional/ssouth-west/462637-lagos-adds-206-convicts-to-sexual-offenders-register.html last accessed on 09/07/2021. This report was the sum total of conviction made between the periods of April 2020 to April 2021 Last Accessed 07/11/2021

[33] Section 38(3) of VAPP Act, 2015

[34] While about 27 states have passed this law into force with little or slight variation, there are still a few that are holding back. See https://www.partnersnigeria.org/vapp-tracker/ Last Accessed 07/11/2021