Speedy Trial of Sexual Associated Offences; A Panacea To Rape In Nigeria
By Stephen Okangla
Introduction
The act of rape is by nature inhumane, immoral, illegal and a holistic disregard to our spiritual and cultural ethics and injunctions. It’s heartbreaking and worrisome that this unlucky and monstrous perspective nonetheless lives amongst us at the moment of age.
The difficulty of rape in our society is endemic, whereas the occurrences stay within the highlight. The prosecution has been overshadowed by lack of consideration, lack of ability of victims to lift their voices, inadequacy of our legal guidelines and stigmatization of victims of rape. There’s the necessity to deliver the difficulty of rape to entrance burner and to assist elevate the voices of victims and survivors in direction of pressing motion beneath our protecting legal guidelines. In Nigeria it’s worst, our Newspapers, Tv stations, Radio stations and Social media are right now clouded with studies of sexual assault, molestation, harassment and rape. It’s extra damning that some Clergy males, Academics, Lecturers, Celebrities and Authorities Functionaries are responsible of this heinous crime. Though, rape shouldn’t be peculiar to Nigerian society alone, however the diploma of its incidence is extremely alarming.
Nonetheless, it’s the opinion of the author that the incidence of rape in Nigeria might be decrease therefore this Article goals at appraising and elaborating methods we are able to salvage Nigeria and Nigerians of the beast known as Rape. It additionally goals at taking a authorized voyage to enlighten his viewers on what rape entails from out there Legal guidelines in Nigeria and to additional proffer attainable answer aimed toward mitigating the pattern of rape in Nigeria.
WHAT IS RAPE?
This query is apt, concise and related at this level, it’s a step in direction of swimming out of the ocean of immorality and guilt. A number of students had at completely different occasions delivered to mild what rape is all about. Equally, a number of legal guidelines have proffered definitions to the time period rape in an unambiguous method. The act of rape as earlier said is by nature illegal as a result of it entails an aggressive carnal data of a feminine with out her consent. Consent on this context should be devoid of any type of exterior affect. Rape is outlined in a number of Acts and Legal guidelines as handed by the Nationwide Meeting and the State Homes of Meeting in Nigeria. Amongst these legal guidelines are: The Penal Code, Prison Code, the Baby Rights Act and the Violence Towards Particular person Prohibition Act (VAPPA) and so forth.
A number of definitions given to rape are all characterised by an absence of consent as a standard characteristic. Quite a few such definitions embody these arrived at by the Supreme courtroom, within the case of NDEWENU POSU V THE STATE (2011) 3 NWLR (PT.1234) 393 at Web page 414, whereby Justice Fabiyi (JSC) outlined rape as “an illegal sexual activity with a feminine with out her consent. It’s an illegal carnal data of a girl by a person forcibly and in opposition to her will. It’s the act of sexual activity by a person with a girl who shouldn’t be his spouse with out her consent”.
Comparable place was upheld by Per Adekeye (JSC) within the NDEWENU’S case (Supra).
In a extra complete method, Part 1 (1) of the Violence Towards Particular person Prohibition Act (VAPPA), 2015 outlined rape as:
- An individual commits the offence of rape if
- She or he deliberately penetrates the vagina, anus or mouth of one other particular person with another a part of his or her physique or the rest
- The opposite particular person doesn’t consent to the penetration
- The consent is obtained by drive or technique of menace or intimidation of any form or by worry or hurt or via false and fraudulent illustration as to the character of the act or the usage of any substance or dependancy able to taking away the need of such particular person within the case of a married particular person by impersonating his or her partner.
From the definitions proffered above, it’s lucid that rape is inhuman, unethical, illegal and immoral therefore prosecution of rape ought to be dealt with meticulously and devoid of delay in no matter guise.
WHAT SHOULD BE DONE TO AVERT THE RESURGENCE OF RAPE IN NIGERIA
At this level, let me assert that “nothing on earth justifies rape”. It’s an act of Beast and shouldn’t be seen accomplished amongst civilized people. The actual fact stays that our Legal guidelines are enough to place an finish to sexual offences in Nigeria. Nonetheless, it’s a onerous information to say that our legal guidelines on rape are dormant therefore the resurgence of Rape. However the next may function mitigating components and panacea to sexual offences.
- Correct Investigation of Rape Instances: the prosecution crew ought to be thorough and true of their investigation and prosecution, to see to bringing the accused to e book. It will assist in no little method in mitigating the case of rape in Nigeria.
- Well timed Prosecution of Rape Instances: certainly the prosecution crew have a whole lot of work to do. The truth is the destiny of victims lie of their arms. Investigation and procurement of proof ought to be timorously accomplished, to attain this, Authorities ought to set up a particular courtroom for the trial of sexual associated offences throughout the nation. It will significantly scale back sexual offences in Nigeria.
- Meticulous Investigation and Prosecution of Sexual Offences: investigation of sexual offences ought to be dealt with by specialists who’re meticulous at participating their job. They need to be avail all essential supplies and assets that can allow the logical conclusion of rape instances and the wrongdoer punish in accordance.
Along with the components above, names and pictures of convicts ought to be publish in Nationwide Newspapers as technique of shaming perpetrators and a type of deterring others.
CONCLUSION
Instances of rape shouldn’t be lined irrespective of the standing of particular person contain. It ought to be expose always and victims ought to study to all the time converse out, authorities ought to be genuinely dedicated to the prosecution and punishment of perpetrators. That is the one means and method we are able to salvage and purge of society of this heinous crime.
Okangla Stephen Peter writes from The College of Maiduguri Borno State, Nigeria. He’s an unassuming Legislation Pupil with nice penchant for Constitutional Legislation, Prison Legislation, Oil and Fuel, Worldwide Legislation, Company Observe, Human Rights Advocacy and Lecturing.
He might be attain by way of
E mail: stephenokangla@gmail.com
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