Criminalizing Rape As A Solution To Sexual Violation In Nigeria

Criminalizing Rape As A Solution To Sexual Violation In Nigeria
Abstract
This study was carried out to examine on criminalizing rape as a solution to sexual violation in Nigeria. The study was carried out to ascertain the prevalence of rape in Nigeria, determine if there is a measure of legal intervention against the incidence of rape in Nigeria, find out if criminalizing rape will help to curtail the prevalence of sexual violation in Nigeria and determine the possible factors affecting the prosecuting of major sexual violence in Nigeria. The survey design was adopted and the simple random sampling techniques were employed in this study. The population size comprise of legal practitioners resident Bayelsa State. In determining the sample size, the researcher conveniently selected 57 respondents and 50 were validated. Self-constructed and validated questionnaire was used for data collection. The collected and validated questionnaires were analyzed using frequency tables, and mean scores. While the hypotheses were tested using Chi-square statistical tool. The result of the findings reveals the prevalence of rape in Nigeria is high. The study also revealed that the possible factors affecting the prosecuting of major sexual violence in Nigeria includes: inadequacy of the Criminal and Penal Codes, corruption, lack of access and confidence in the legal system by the survivors, the nature of criminal responsibility in sexual violence offence, unwillingness and inability on the part of the survivors to report and stigmatization. Therefore, it is recommended that government through the legislative arms of government should create laws and orders that will provide crude punishment for those who engaged in rape activities so as to serve as deterrence to others. To mention but a few.
Table of Content
- Title Page
- Certification
- Dedication
- Acknowledgement
- Table of Content
- List of Tables
- Abstract
Chapter One:
Introduction
- 1.1 Background of the Study
- 1.2 Statement of the Problem
- 1.3 Objective of the Study
- 1.4 Research Questions
- 1.5 Research Hypothesis
- 1.6 Significance of the Study
- 1.7 Scope of the Study
- 1.8 Limitation of the Study
- 1.9 Definition of Terms
- 1.10 Organisations of the Study
Chapter Two:
Review of Literature
- 2.1 Conceptual Framework
- 2.2 Theoretical Framework
- 2.3 Empirical Review
Chapter Three:
Research Methodology
- 3.1 Research Design
- 3.2 Population of the Study
- 3.3 Sample Size Determination
- 3.4 Sample Size Selection Technique and Procedure
- 3.5 Research Instrument and Administration
- 3.6 Method of Data Collection
- 3.7 Method of Data Analysis
- 3.8 Validity of the Study
- 3.9 Reliability of the Study
- 3.10 Ethical Consideration
Chapter Four:
Data Presentation and Analysis
- 4.1 Data Presentation
- 4.2 Analysis of Data
- 4.3 Answering Research Questions
- 4.4 Test of Hypotheses
- 4.5 Discussion of Findings
Chapter Five:
Summary, Conclusion and Recommendation
- 5.1 Summary
- 5.2 Conclusion
- 5.3 Recommendation
- References
- APPENDIX
- QUESTIONNAIRE
Chapter One
Introduction
1.1 Background of the Study
The brutal nature of the shameless masquerade called sexual violation has eaten deep within Africa, especially in today’s Nigeria. Sexual violation is an act in which a person sexually touches another person without that person’s consent. On the other hand, it simply refers to physically forcing a person to engage in a sexual act against their will. Sexual assault takes many forms including attacks such as rape or attempted rape, as well as any unwanted sexual contact or threats. It is a form of sexual violence, which includes child sexual abuse, groping, rape (forced vaginal, anal, or oral penetration or a drug facilitated sexual assault), or the torture of the person in a sexual manner (CLEEN F. 2005).
Sexual violationcontinues to be a significant crime problem in Nigeria. The Bureau of Justice Statistics (BJS) reported 130,260 rapes in2014 and 173,310 rapes in 2019. The National Women’s Study estimated that 683,000 rapes occurred in 2018 and that 13 percent of all women and girls have been raped during their lifetimes (Udewkwe 2013). Sadly, the incidence of all types sexual violationis highest among young people. Amnesty international gave a gruesome picture of the sexual violation scourge in Nigeria when in one of its publications, a few years ago painted the picture of how hopeless the Nigerian case is(Amnesty international, 2007).
In Nigeria, it is not uncommon for sexual violation to go unreported. Some victims and their families, fearing stigmatization, police extortion and a lack of trust in the judicial process, choose not to report cases to the authorities. There have also been instances where those brave enough to report are targeted with derogatory comments at the police station.In May 2020,there was widespread outrage in Nigeria following the murder of a 22-year-old university student in a church where she was studying in the southern city of Benin. The family of Uwavera Omozuwa, known as Uwa, say she was brutally raped and bludgeoned to death. which have led to street protests, an online petition signed by thousands and a Twitter hashtag #WeAreTired and #justiceforUwa. Many Nigerians point to a legal system they say makes it hard to convict suspected rapists and blames women when they are victims of sexual assault. On 1st May 2021, twitter received a flood hashtag requesting a for justiceforIniUmoren a philosophy graduate gruesomely raped and murdered in her job search/interview by One Uduak Akpan( who confessed that raping of young women have been his family business) in Akwaibom State( Premuim Times). From the statements above, it is crystal clear that the sexual violation scourge is on the increase all across the world. Sexual violation is not a delightful sight to behold. It is so devastating for the victims, even when the assaulter are persecuted in rare cases. There is therefore an urgent need for this menace to be tamed. Therefore it is against this backdrop that this study is set to examine criminalizing rape as a solution to sexual violation in Nigeria.
1.2 Statement of the Problem
Sexual violence is so entrenched that it has become a regrettable part of the social fabric in Nigeria and the world at large. It is a violent crime that has no place in any ideal society and no one can justify its prevalence in any community that thrive on mutual trust. Sexual violence also know as rape is becoming a common occurrence in the Nigeria society and the most vulnerable groups are the weak (mentally, financially and physically) female folks. Both youths and married men take undue advantages to abuse weak female folks. Although, sexual rape is not exclusive to women alone, men most times face same violent acts, but it is not proportional to that of the Female folks. This is facilitated by the degree of freedom of social interaction among young men and women encouraged by the environment and lack of parental supervision because. Rape also occurs in Nigeria’s Nursery, Primary, Secondary Schools, Polytechnics, Colleges of Education and so on. The level of rape that goes on in specifically in some communities, homes and tertiary Institutions is alarming. In Nigeria, aside from some laws that generally prohibit sexual violence like the VAPP Act, Criminal Code, Penal Code, and so on, there is no law expressly criminalizing sexual violence or rape in Nigeria. As such, the criminalisation of sexual misconducts has become imperative. More so, sexual harassment has been in existence for a very long time, with very little done to address the situation holistically.
1.3 Objective of the Study
The overall aim of this study is to critically assess the criminalizing rape as a solution to sexual violation in Nigeria. Hence, the study will be channeled to the following specific objectives;
- Ascertain the prevalence of rape in Nigeria.
- Determine if there is a measure of legal intervention against the incidence of rape in Nigeria.
- Find out if criminalizing rape will help to curtail the prevalence of sexual violation in Nigeria.
- Determine the possible factors affecting the prosecuting of major sexual violence in Nigeria.
1.4 Research Questions
The following research question will guide the study:
- What is the prevalence of rape in Nigeria?
- Is there some measure of legal intervention against the incidence of rape in Nigeria?
- Can the criminalizing of rape help to curtail its prevalence in Nigeria?
- What are the possible factors affecting the prosecuting of major sexual violence in Nigeria?
- Inadequacy of the Criminal and Penal Codes
- Corruption
- Lack of access and confidence in the legal system by the survivors
- The nature of criminal responsibility in sexual violence offences
- Unwillingness and inability on the part of the survivors to report
- Stigmatization
1.5 Research Hypotheses
- Ho: criminalizing rape will not help to curtail its prevalence in Nigeria.
- Ha: criminalizing rape will help to curtail the its prevalence in Nigeria.
1.6 Significance of the Study
This study will be significant to parents, civil societies, international bodies, law makers and judiciary. To parent it will enlighten them on the need to build a strong, healthy and open relationship with their children. To Civil Societies and NGO’s it will enable them to initiates elaborate campaigns against rape and rapist. To Legislator and Judiciary it will enlighten them on the need of upgrading the existing obsolete laws so as to ensure better protection of rape victims. it will enable the international community including united nations on the need to encourage Nigeria to fully implement regional treaties, declarations and resolutions prohibiting all acts of violence against women. finally the study will contribute to the general body of knowledge, serving as a reference material for other researchers and giving room for further studies in related field.
1.7 Scope of the Study
The study generally focus on examine the criminalizing of rape as a solution to sexual violation in Nigeria. The study will by extension find out the prevalence and possible causes of rape in the Nigeria society, as well as the possible factors affecting the prosecuting of major sexual violence in Nigeria.
Geographically, this study will be carried out in Bayelsa State. Hence the respondents will be obtained among legal practitioners resident in the state.
1.8 Limitations of the Study
Like in every human endeavour, the researchers encountered slight constraints while carrying out the study. The significant constraint was the scanty literature on the subject owing to the nature of the discourse thus the researcher incurred more financial expenses and much time was required in sourcing for the relevant materials, literature, or information and in the process of data collection, which is why the researcher resorted to a limited choice of sample size. Additionally, the researcher will simultaneously engage in this study with other academic work. More so, the choice of the sample size was limited as few respondent were selected to answer the research instrument hence cannot be generalize to other secondary schools. However, despite the constraint encountered during the research, all factors were downplayed in other to give the best and make the research successful.
1.9 Definition of Terms
Criminalizing:
Criminalizing is the process by which behaviors and individuals are transformed into crime and criminal. It also means to makeor officially declaring an action as crime hence offenders are turn into a criminal or treated as criminal.
Rape:
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person’s consent
Sexual Violation:
Also referred to as abuse, is abusive sexual behavior by one person upon another. It is often perpetrated using force or by taking advantage of another
Victim:
A victim is a person who has suffered physical or emotional harm as a result of crime, rape, accident or other event.
1.10 Organization of the Study
The study is categorized into five chapters. The first chapter presents the background of the study, statement of the problem, objective of the study, research questions and hypothesis, the significance of the study, scope/limitations of the study, and definition of terms. The chapter two covers the review of literature with emphasis on conceptual framework, theoretical framework, and empirical review. Likewise, the chapter three which is the research methodology, specifically covers the research design, population of the study, sample size determination, sample size, and selection technique and procedure, research instrument and administration, method of data collection, method of data analysis, validity and reliability of the study, and ethical consideration. The second to last chapter being the chapter four presents the data presentation and analysis, while the last chapter(chapter five) contains the summary, conclusion and recommendation.
Chapter Five
Summary, Conclusions and Recommendations:
5.1 Introduction
This chapter summarizes the findings on criminalizing rape as a solution to sexual violation in Nigeria. The chapter consists of summary of the study, conclusions, and recommendations.
5.2 Summary of the Study
In this study, our focus was to examine on criminalizing rape as a solution to sexual violation in Nigeria.The study is was specifically carried out to ascertain the prevalence of rape in Nigeria, determine if there is a measure of legal intervention against the incidence of rape in Nigeria, find out if criminalizing rape will help to curtail the prevalence of sexual violation in Nigeria and determine the possible factors affecting the prosecuting of major sexual violence in Nigeria.
The study adopted the survey research design and randomly enrolled participants in the study. A total of 50 responses were validated from the enrolled participants where all respondent were legal practitioners resident Bayelsa State.
5.3 Conclusions
Based on the findings of this study, the researcher concluded that;
- The prevalence of rape in Nigeria is high.
- There is some measures of legal intervention against the incidence of rape in Nigeria.
- The criminalizing of rape can help to curtail its prevalence in Nigeria.
- The possible factors affecting the prosecuting of major sexual violence in Nigeria includes: inadequacy of the Criminal and Penal Codes, corruption, lack of access and confidence in the legal system by the survivors, the nature of criminal responsibility in sexual violence offence, unwillingness and inability on the part of the survivors to report and stigmatization.
5.4 Recommendations
Based on the findings of the study, the following recommendations are proffered.
- The Executive, the Judiciary, the Legislature and all stakeholders should rise up to the challenge and tackle the issue of sexual violence situations in Nigeria. The gap in accountability breeds and encourages insecurity in Nigeria.
- Government through the legislative arms of government should create laws and orders that will provide crude punishment for those who engaged in rape activities so as to serve as deterrence to others.
- There is need to strengthen the law enforcement agency (National Drug and Law Enforcement Agency) in the fight against drug abuse in the society as it was reveal in the findings that drug abuse is one among the major causes of rape among the perpetrators.

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