Thread by @dharmmieboss

Today, I will be discussing a sensitive topic - RAPE. WHAT IS RAPE? Rape is non-consensual sexual intercourse. When a man has sex with a woman without her consent. Sexual assault is similar to rape, but is not rape. Sexual assault is any form of sexual contact or behavior that

occurs without the explicit consent of the recipient. There are 4 specific laws that deal with rape in Nigeria:

1. The Criminal Code – this is applicable in all the Southern States.
2. The Penal Code – this is applicable in all the Northern States.
3. The Criminal Laws of Lagos–

This is applicable only in Lagos State.
4. The Violence Against Persons Prohibition Act – this is applicable in only the FCT Abuja.
Criminal Code (CC): Under the CC, rape is when any person has sexual intercourse with a woman or girl, without her consent, or incorrectly

obtained consent. Consent can be incorrectly obtained where it is obtained:
1. by force/threat/intimidation
2. by means of false and fraudulent representation as to the nature of the act,
3. by a person impersonating a married woman’s husband in order to have sex.
Under the CC,

sexual intercourse with under aged girls or people with unsound mind is the offence of defilement, and so technically a person could be charged for rape and defilement.

Penal Code (PC): Under the PC, rape is when a man has sexual intercourse with a woman against her will,

Without her consent, or with incorrectly obtained consent. Consent can be incorrectly obtained where it is obtained:
-by putting her in fear of death or hurt,
-by a person impersonating a married woman's husband in order to have sex.
Further under the PC, sex with a girl under

14years of age or who is of unsound mind is rape, irrespective of whether there is consent. Also the PC, explicitly states that sexual intercourse by a man with his wife is not rape.

Criminal Laws of Lagos (CLL): Under the CLL, rape is when a man has sexual intercourse with a

Woman or girl without her consent, or with incorrectly obtained consent. Consent can be incorrectly obtained where it is obtained:
-by force, impersonation, threat or intimidation of any kind.
-by means of false and fraudulent misrepresentation as to the nature of the act.

As with the PC, the CLL explicitly states that sexual intercourse by a man with his wife cannot be unlawful, and therefore a man cannot rape his wife.
It is important to note that in all the 3 laws mentioned above, rape can only occur when the vagina of the woman is penetrated.

However, this does not mean that anal unlawful sexual intercourse is allowed. This is a crime, and is covered under different descriptions in each legislation. The penalty for rape across all the laws is life imprisonment (however this is not a mandatory sentence in all of them).

Violence Against Persons Prohibition Act (VAPPA): The VAPPA defines rape as when a person intentionally penetrates the vagina, anus, or mouth of another person with any other part of his/her body or anything else without consent, or with incorrectly obtained consent. Consent can

Be incorrectly obtained where it is obtained:
-by force/threats/intimidation
-by means of false and fraudulent representation as to the nature of the act
-by the use of substances capable of taking away the will of that person
-by a person impersonating a married woman's husband

In order to have sex.
The VAPPA is a progressive piece of legislation. Unfortunately the law is only applicable in the FCT, Abuja. It dose not apply in the other states of the federation.
It should be noted that in Nigeria, it is only women that can be raped with the exception

Of Abuja who has enacted VAPPA to take care of such incidences of men being raped.
It must be noted dat Spousal Rape has not been taken care of in any of the Laws in Nigeria apart from VAPPA applicable only in Abuja. A person cannot therefore be charged or successfully prosecuted

Anywhere in Nigeria for Spousal Rape except the act occurs in Abuja.
How can Rape be proved?
For the prosecution to succeed, in proving the offence of Rape, it must prove:
1. That the defendant has sexual intercourse with the woman,
2. That the act was done in circumstances

Falling under the ff:
A. Against her will,
B. Without her consent,
C. With her consent when her consent has been obtained by putting her in fear of death, or of hurt,
D. With her consent when the man knows that he is not her husband & dat her consent is given because she believes

That he is another man to whom she is or believes herself to be lawfully married,
E. With or without her consent, when she is under 14yrs of age or of unsound mind;
3. That there was penetration. See the case of Ogunbayo v. State (2007) 8 NWLR (Pt. 1035) 157.
I will end this

Piece by sounding a note of warning to men who have this feeling of entitlement that because they have spent a whole lot on a lady, they MUST have sex with her when she comes visiting them whether she agrees OR not. I've got some news for you if you belong to this school of

Thought. If she says NO and you still go ahead to forcefully have sex with her,it is RAPE and you are liable on conviction to life imprisonment. Be warned. Thanks for the audience. See y'all next week. @YemieFASH