The Crime of Rape and Sexual Violence against Women in Nigeria: A Comparison with Other Common Law Countries

DOI: https://doi.org/10.21070/jihr.v3i2.341

Author (s)


(1) * Ngozi Alili   (Kogi State University, Anyigba, Nigeria)  
        Nigeria
(*) Corresponding Author

Abstract


This discourse is a comprehensive look at the offence of “rape” as a legal concept, taking into consideration, the premodial, mythical and legal beliefs and meanings associated therewith. It analysed recent statutory changes and developments in this area of the law, particularly under the English common law in contradistinction from the almost static provisions of some African penal statutes relating to the offence of rape. The propelling aim was to appreciate the difficulties associated with efforts to convict persons accused of committing the offence of rape and the legality of calling in aid corroboration in amelioration of these difficulties. It was observed that, the statutory ingredients of the offence do not accommodate such a practice. It became significant that the myths and traditional beliefs surrounding the claim of an alleged victim of rape imported the burden of a rebuttal on the accused. It was observed that sympathy on the part of the courts for alleged rape victims sway their decisions in favour of such victims. This emotional consideration by the courts may have informed he demand for corroborative evidence to seal all escape routes for the accused even when not statutorily provided for. Absence of corroborative evidence may on the reverse, favour the accused though the prosecutrix may concoct one to secure conviction. It was concluded that rape cases should be determined on the basis of the dry provisions of the relevant penal statutes devoid of extraneous considerations, such as corroboration.


Keywords

rape, sexual violence, women, common law,



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References


Journal:

C, Smart. “Laws Power, the Sexed Body, and Feminist Discourse.” Journal of Law and Society 17, no. 2 (1990): 194–210. View Item Google Scholar

Books:

Black, Henry Campbell. Black’s Law Dictionary, 6thEdn (, , ). St. Paul: West Group, 1990. View Item

Chukkol, K.S. The Law of Crimes in Nigeria, RvsdEdn. Zaria: ABU Press Ltd, 2010. View Item

J.C. Smith, and Brian Hogan. Criminal Law. 10th ed. London: Lexis Nexis, Butterworths, 2002. View Item

J.O., Bridgman, and Mills S. Feminist Perspectives on Law: Laws Engagement with the Female Body. London: Sweet & Maxwell, 1998.

J, Herring. Criminal Law: Text, Cases and Materials. New York: Oxford University Press, 2004. View Item

M.W, Stewart, Dobbin S.A, and Gatowski S.I. Definitions of Rape: Victims, Police and Prosecutors. 4 Feminist Legal Studies, 1996.

S, Lees. Ruling Passion: Sexual Violence, Reputation and the Law. Buckingham: Open University Press, 1997.

T.J, Gardner, and Manian V. Criminal Law: Principles, Cases and Readings. 2nd ed. St. Paul: West Publishing co., 1980.

Legal Documents:

English Sexual Offences Act, 2003. View Item


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