The Criminal Laws And The Violations Of The Rape Victim Rights In Nigeria (A Case Study Of Lagos State)

The Criminal Laws And The Violations Of The Rape Victim Rights In Nigeria (A Case Study Of Lagos State)
Abstract
The study examines the criminal laws and the violations of the rape victim rights in Nigeria. a case study of Lagos state. Rape is considered a serious sexual assault issue and a crime not just in Nigeria but also in other jurisdictions.
The study adopted qualitative method and historical/analytical design was used in analyzing its data. Data were collected through secondary sources which include newspapers, archives, books, journals, case laws, online articles, conference proceedings, etc.
The findings revealed that; The issue of sexual intercourse is strictly a personal thing and should not be condoned without the consent of the individual that wish to indulge in it. Rape usually has devastating effects on victims and their families respectively.
The study concluded that, for this untoward situation to be arrested or tackled, concerted efforts should be channelled towards the utilization of other institutional mechanisms geared towards curbing and addressing incidences of rape and the impact on rape victims. The study further recommends that; Those in charge of enforcements of these laws, including the civil society and human rights organizations should do all they can to ensure speedy trials;. A specialized court (fast-track court) either by the state or the federal government should also be established with less cumbersome rules of procedure and evidence;. It must entail an examination of those factors which promote violence, including the role of pornography.
Chapter One
Introduction
1.1 Background of the study
One in four boys and one in 10 girls under age 18 are victims of sexual violence, the U.N. children’s fund has said. Health experts say more children and young women are coming forward to talk about the problem as the stigma attached to discussing it is subsiding slowly. Cases of sexual assault are increasingly reported. However, Nigerian researchers have not given adequate attention to this subject despite its attendant social, physical and psychological consequences. Rape is not a medical diagnosis. It is a legal terminology reserved for cases of penile penetration of the victim’s vagina or anus without consent. Other types of sexual assault include coerced vaginal or anal penetration by any other body parts or object; breast or genitalia fondling; or being forced to touch another person’s genitalia.
Rufai spoke during a press briefing to inaugurate a booklet by a non-governmental organisation, Project Alert on Violence Against Women and Children.
The booklet, ‘Sexual Violence in Nigeria: A silent epidemic,’ documents rape cases in Lagos.
Rufai said most of the cases involved real penetration of the victims, adding that rape had become an epidemic.
She said, “Between July 2014 and February 2017, we have treated about 2,252 cases. They involved real penetration of the victims’ private parts. The youngest person was a four-month- old baby, and the oldest was a 70-year-old woman, who was a stroke patient and was raped by her landlord’s son.
Not strangers Juliana Joseph, the manager of the Salama Sexual Assault Referral Center, said 90 percent of all victims are sexually abused by people they know. The center has treated women and children who have been raped by their grandparents, fathers and uncles. ”You
are going out and you entrust your child to the care of a neighbor, and by the time you’re back, it’s a different story,” Joseph said, adding that poor investigations mean a good number of perpetrators move about freely. Barrister Zainab Aminu Garba, the chairperson of the International Federation of Women Lawyers in Kaduna, said rape has become an epidemic in Nigeria. She said victims are not just women, but men and boys as well. The Nigerian Criminal Code recommends life imprisonment for the perpetrators of rape and 14 years for attempted rape. But Yakubu Sabo, the public relations officer for the police in Kaduna state, said many rape cases involving children are never investigated because parents want to protect their children from being stigmatized. “Some families kill the evidence,” he said, maintaining the belief that rape victims will not be able to find a suitor for marriage. Sabo advised parents to watch their neighborhoods closely and to be mindful of whom they leave their children with.
Rape is a very serious sexual assault both under Nigerian law and other jurisdictions. The reason is that the issue of sexual intercourse is strictly a personal thing and should be done on the volition of the individual that wish to indulge in it. In other words, consent is paramount in sexual intercourse. Thus, when carnal knowledge is undertaken without a person’s consent, it amounts to a crime. The offence of rape is heinous because apart from constituting an invasion of the most intimate privacy of the victim, it usually has devastating effects on victims and their families respectively. In Nigeria, the Criminal and Penal Codes have made provisions for what constitutes rape. Under these laws for example, a woman cannot be guilty of rape. However, in light of the wide spectrum of the conception some jurisdictions, it would appear that the scope of rape under the Nigerian Jurisprudence is not comprehensive enough to include every act that constitutes rape in current globe conception. This article discusses the offence of rape as presently conceived under Nigerian law and advocates for a reform to make the concept be in consonance with the current global trend.
Each survivor reacts to sexual violence in their own unique way. Personal style, culture, and context of the survivor’s life may affect these reactions. Some express their emotions while others prefer to keep their feelings inside. Some may tell others right away what happened, others will wait weeks, months, or even years before discussing the assault, if they ever choose to do so. It is important to respect each person’s choices and style of coping with this traumatic event. Whether an assault was completed or attempted, and regardless of whether it happened recently or many years ago, it may impact daily functioning. A wide range of reactions can impact victims.
1.2 Statement of the problem
The incidence of rape and gender related violence has become a source of worry to governments, development planners and researchers across the globe. In many developing countries and Nigeria included. Hardly a day passes without reported or rumoured cases of rape or gender violence. This has prompted, among other things, the passing of stringent legislations into law in some of these countries including Nigeria with the hope of reducing the incidences of rape. This study makes a contribution to analyse the criminal laws associated to the protection of rape victims, with reference to the Nigerian society, using Lagos and the cases of rape in Lagos as a case study.
1.3 Research Objectives
The main objective of this study is to examine the criminal laws and the violations of the rape victim rights in Nigeria: a case study of Lagos state.
The specific objectives of this study are to:
- Examine the nature of rape in Lagos.
- Examine the cases of rape in Lagos.
- Examine the criminal laws applied in rape case in Nigeria.
- Examine how the law protects rape victims in Nigeria.
- Investigate the stigma rape victims face in Lagos.
- Investigate different ways to takle rape in Nigeria.
1.4 Research Questions
The following research questions guide the objectives of this research.
- What is the nature of Rape cases in Nigeria?
- How many cases have been handled successfully?
- How has Criminal laws affected rape victims?
- Does the law protect rape victims?
- What is the stigma around rape victims?
- The different ways of tackling rape in Nigeria?
1.5 Significance of the Study
This study is shedding light on how the law has violated the rights of rape victims in Nigeia. Many women and even men have nowhere to turn to after being sexually assaulted and that is not the case. A rape victim is supposed to have confidence in the laws of their land to protect them.
This study will not only emphasize on the laws protecting a rape victim, it will also be a source of enlightenment to victims who don’t even know their rights are being violated. Also, by shedding more light on the issue of the violation of rape victims, pressure in maintained on the Nigerian government to continue working towards a solution4
1.6 Scope of the study
This research work will use documentary data to examine the Criminal law and violations of the raped victims rights in Nigeria: A case study of Lagos state, this research work also relies on secondary data from reports, research papers, journals, published books and newspaper articles. These sources complement and supplement the information and form the bulk of the literature on the Criminal laws protecting raped victims and also a violation of the raped victims rights in Nigeria using Lagos state as a case study.
1.7 Methodology
This research will make use of qualitative design which will adopt survey design approach in analyzing content. It adopts secondary sources of data and information such as books, journals, newspapers, online articles, statutes and case laws related to international humanitarian laws and internally displaced persons. The review of literature will be thematic, looking for themes and sub-themes.
1.8 Definition of Terms
Rape:
Rape id a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without giving valid consent.
Consent:
Consent in this context is sexual consent. Consent can be defined as an agreement to engage in sexual activities.
Victim:
A victim is a person harmed, injured, or killed as a result of a crime, accident, or other events or action.
Criminal Law:
Criminal law is a system of law concerned with the punishment of offenders Violation: Violation can be defined as the action of failing to comply with a rule or agreement.
1.9 Synopsis of Chapter
The research work will cover five chapters.
- Chapter one, this chapter will provide the introduction of the study, specify the research questions, research methodology and the research structure, the objective of the study and the scope of the study.
- Chapter two review some concepts and literatures that are relevant to the study. It will also analyze articles and case studies related to the study
- Chapter three: this chapter will discuss the causes and cases of rape in lagos state.
- Chapter four: this chapter will analyze the challenges and issues that raped Victims in Lagos state face and the Laws put in place by the government to protect them.
- Chapter five: this chapter will provide recommendations in response to the laws affecting raped victims and will also conclude the study.
Chapter Five
Summary, Conclusion and Recommendations
5.1 Summary
Rape is considered a serious sexual assault issue and a crime not just in Nigeria but also in other jurisdictions. The reason is that the issue of sexual intercourse is strictly a personal thing and should not be condoned without the consent of the individual that wish to indulge in it. In other words, consent is paramount in sexual intercourse. Asides constituting an invasion of the most intimate privacy of the victim, rape usually has devastating effects on victims and their families respectively. This is why the incidence of rape and gender related violence has become a source of worry to governments, development planners and researchers across the globe, including Nigeria. This has prompted, among other things, the passing of stringent legislations into law in many climes with the hope of reducing the incidences of rape and ensuring that perpetrators are brought to justice while also ensuring adequate protection for victims.
In this study, attempts were made to look into the criminal laws associated to the protection of rape victims with reference to the Nigerian society, using Lagos as a case in point. The study also discussed the causes and cases of rape in Lagos state while examining, in-depth, the challenges and issues that rape victims in the state face and the laws and other institutional mechanisms put in place by the government to protect them. In this discussion, the qualitative research design was adopted while relying largely on secondary data sources which include books, journals, case laws, and online articles, among others.
5.2 Conclusion
In this study, an attempt has been made to examine rape incidences with the view of examining the various legislations available for the protection of victims within the Nigerian context using Lagos state as a case in point. The study also outlined the effects of rape on the victims which has reverberated across not just Lagos state but the entire country. Challenges relating to stigmatization of rape victims was emphasized and discussed given that the consequences of the exclusion and marginalization of victims of sexual violence are manifold. Many victims are unable to assess critical services raised by governments at all levels, with risks for victims’ physical and mental health. The long-term effects such as domestic violence, as well as spousal, family and community abandonment or rejection, retaliation, ‘honour killings’ or forced and early marriage, were also identified.
The study has also identified the challenges posed by the definitions contained in the laws which are limiting as most failed to capture contemporary emerging issues on the subject matter. Thereby failing to address some acts that are now considered as rape in other jurisdictions. From the findings, the study observed that the criminal and penal code failed to consider properly the adverse impact of rape on the victims and as such does not provide or prescribe any after-attack treatment, rehabilitation and reintegration of the of any sort for the victim into the society which has further worsened the fate of the victims. Noteworthy from the study is that these victims oftentimes are further stereotyped, abused, ostracized, traumatized, dehumanized and, in some instances, disowned by their parents or guardian.
This study concludes that for this untoward situation to be arrested or tackled, concerted efforts should be channelled towards the utilization of other institutional mechanisms geared towards curbing and addressing incidences of rape and the impact on rape victims. This study recognizes institutional mechanisms such as the public complaint bureau and the Domestic and Sexual Violence Response Team. Also, recent enactments such as the Violence against Persons Act have also brought about some level of hope in that provisions that were hitherto unavailable in previous legislations have been provided for. For instance, an expansion of the definition of rape and its prohibition was observed. While other laws seem to restrict the definition of rape to protect only females in relation to vaginal penetration without consent, the Act took a broader leap by expanding the meaning and scope of rape to include male victims. This, to a large extent, addressed the issue of gender bias in the Nigerian legal jurisprudence. The Act also took a progressive stance by recognizing that sex goes beyond the use of the primary sexual organs. In terms of protection for rape victims, the Act provided that victims are to have access to the available legal, health, and social services and any other relevant assistance they may need. Victims are also entitled to re-integration and rehabilitation programmes of the state as this will enable the victims to acquire necessary pre-requisite skills in any vocation of their choice in addition to necessary formal education and access to micro-credit facilities.
5.3 Recommendations
In line with the outcome of this study, the following recommendations have emerged;
- As much as the recent laws cater for the victims’ rehabilitation and reintegration, those in charge of enforcements of these laws, including the civil society and human rights organizations should do all they can to ensure speedy trials.
- As a follow-up to the above recommendation, a specialized court (fast-track court) either by the state or the federal government should also be established with less cumbersome rules of procedure and evidence in order to fast track the prosecution of rape suspects.
- The problem of rape cannot be solved by measure taken within the criminal justice sector alone. Rape and what would seem to be its growing incidence have to do with the type of society (global society) in which we have found ourselves, and the attitude it fosters towards violence, women and relationship between the sexes. Therefore, tackling the problem of rape requires a broad-based-strategy. It must entail an examination of those factors which promote violence, including the role of pornography, it must include projects of all kinds to render women less unreliable, it must involve education and re-education of children and adults to combat the sexism which underscores and ultimately promotes rape.


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