ACW-UA PRESS : Prince Ezeabata Chibuzor exposes the Face of the Law towards Rape.

Most Nigerian, victims of sexual assault and rape unfortunately doesn't not know the face of the Law towards Rape. Many believe that there is not justice, but in reality there are, all we need to do is to speak up and speak loud against rape and sexual assault. 

FACE OF THE LAW TOWARDS RAPE.

By : PRINCE EZEABATA CHIBUZOR.

27th,Fri,March 2020.

Rape has been a pandemic in most emerging societies, and even prior. This has not just constituted a psychological scourge to the victim at the relative point in time but to an extent that most of it's victims has in one or more times attempted suicide. This I say from a personal perspective. 

Victims of rape are made to carry the cross of unmeasurable anguish, post traumatic disorder, depersonalization, dissociation from reality, self hate and suffer risk of getting infected with sexually transmitted infections. Most of them experience shock in remembrance and relive of moments of sexual assault. t

The ills are cumbersome to mention, but just a few to be mentioned.

This act is not only perpetuated towards young adults and women but also to minors and family members, for instance is the case of People of Philippines v. Divinagracia(2018) S. C of Philippines, where the applicant sexually congresses with his 12 years old daughter and the Nigerian case of Eze v. State[2019] LPELR 47984 (CA),  where the appellant defiled a minor daughter of one Mrs Ifeyinwa Egbe on the 17th of May, 2012 and Boniface Adonike v. The State (SC. 168/2013) [2013] NGSC 2, the appellant invited and requested a child of 5years old of age to buy sachet (pure) water for him. On her return, the appellant lured her into his room, pulled her pant and had carnal knowledge of her.

According to UNICEF, in 2015, one in four girls and one in ten boys in Nigeria has experienced sexual violence before the age of 18. Ironically, this act is not, but conspicuously perpetuated by close relatives, friends, lovers and even trusted persons ; examples are the cases of HKSAR v. CYL (2013)Philippines, where a father raped his daughter, pregnanted her and induced her for an abortion, J v. The Queen (2018) H. C of Australia, where the appellant raped his sister, which he had been doing for years, J v. Victory Tabernacle Baptist Church (1988) SC of Virginia, where the defendant raped a 10-year old girl in his church multiple times and Nobrega v. Common Wealth of Virginia (2006) SC of Virginia, where a father raped his daughter from when she was 7 years old till 11 years till his apprehending, Musumhiri v. State(2014)  High Court of Zimbabwe, where the 4 7 years old, raped a 16years old and finally in the Nigerian case of Ogunbayo v. The State (2007)NWLR (pt 1035) 157, where the appellant forcefully had  carnal knowledge of a 13years minor.

Rape and defilement has been given judicial insult along side its doers by the Supreme Court, per Muntaka- Coomasie JSC in the case of Popoola v. State (2013) 17 NWLR (pt 1382) p. 100 ; "The offense appeared to be heinous and heartless. The sentence meted out by the trial court amounts to abdicating its role as a judicial officer. I condemn such type of sentence. The sentence is unnecessary lenient and loose".

 In same light, per Ngwuta JSC added,

 "I think that the severity of punishment for rape, with particular reference to Statutory variety, should rank next to capital punishment".

In Edwin Ezigbo v. The State(2012) 16 NWLR (pt 1326). Justice Muhammad JSC said: 

“The facts revealed in this appeal are sordid and can lead to a conclusion that a man can turn into a barbaric animal. When the “criminal” was alleged to have committed the offence of rape, he was 32years. His two young victims: Ogechi Kelechi, 8 years old and Chioma, 6 years, were, by all standard underage. What did the appellant want to get out of these underage girls. Perhaps, the appellant forgot that by nature, children, generally, are like animals. They follow anyone who offers them food. That was why the appellant, tactfully, induced the young girls with ice cream and zobo drinks in order to translate his hidden criminal intention to reality, damning the consequences. Honestly, for an adult man like the appellant to have acarnal knowledge of underage girls such as the appellant’s victims is very callous and animalistic. It is against the laws of all human beings and it is against God and the State.

Such small girls and indeed all females of whatever age need to be protected against callous acts of criminally like minded people of the appellant’s class. I wish the punishment was heavy so as to serve as deterrent”

Looking at this dilapidated and surreptitious element in the society ; the question thus is what is the face of the Law toward rape?. The Nigerian Legal System has in an effective bid to combat this unholy and unhealthy  scourge, legislated some Laws such as 

▪ 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

Section 357/358 of the Criminal Code (Criminal Code Act, LFN 2004), Section 282/283 of the Penal Code (As Amended), VAPP and Child Rights Act which defines rape as an unlawful penetration states the punishment as Life Imprisonment with not less than 14 years Imprisonment.

Victims of this inhumane act should speak out, speak laud and be bold. Report all attempted rape and rape-in-act  to necessary authorities for legal action.  There are many of rape victims out there who has hiterto not confide or exposed the deed of either one Uncle, teacher, brother, friend, religion leader and even father out of fear or threat. This ought not to be, mothers as well should be vigilant and observant as to any unusual change in a child either in posture, speech, attitude and exhibition.

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