It is difficult to prove rape based on the uncorroborated testimony of a sole witness. The law requires corroboration - another piece of evidence to support the testimony of the prosecutrix (the victim). Corroboration may be medical, circumstantial or evidence of other witnesses.
It's better for victims to be medically examined immediately after the rape. This is the only way to prove that the hymen was ruptured. Hymenal injuries & traces of semen arising from penetration can be medically established by doctors to corroborate the testimony of the victim.
It is not necessary to prove that the penis was inserted completely. Rape is complete on the slightest penetration. In Lagos and Abuja, rape can be committed through other body parts (apart drom the penis & the vagina). Oral sex may constitute rape under the Lagos Criminal Code.
While real victims of rape have the right to speak up long after the rape incident, they should be aware of the likely legal obstacles and jeopardy that they may encounter. Victims should be heard. But without legally admissible proof, it is risky to draw conclusions.
In a society where people have been falsely accused of rape (as we have seen time and again on Twitter), it is not good to dismiss the necessity for evidence. I understand that it is not always easy to go to the police immediately. I also know that our police system is flawed.
We should encourage victims to take legal steps timeously. Hashtags may trend on Twitter, but will never result in conviction. If all that we want is to call out the alleged perpetrators, we should say so. But we should also know that those accused may take legal actions.
What we should not accept is the alleged perpetrators weaponizing the police institution to achieve vendetta. Another thing that we should not condone is false accusations. The law usually views unsubstantiated allegations as false allegations. There has to be a balancing act.
When the case gets to court, bloggers and social media influencers will not help you. The fight will be squarely between you - accuser and the accused, with lawyers and witnesses. I am not saying that bloggers are irrelevant. I am speaking in the context of legal proceedings.
Like I usually say, most people in Nigeria only remember lawyers when things get out of hands. Most Nigerians do not seek proper legal counsel when it is necessary. They only talk to lawyers when the damage has already been done. Many have paid a heavy price for this.
Most Nigerians do not also believe in paying for legal services. Lawyers are about the most marginalised professionals in Nigeria. Before you can see a doctor, you have to purchase a card and possibly make payment. Who pays consultancy fee to lawyers in Nigeria?
How many people pay for legal advice? In the United States and other western countries, there is what is known as billable hours. Lawyers abroad charge for the duration of time that they put into discussing with clients. You dare not demand that as a Nigerian lawyer.
Despite how they are treated, most Nigerian lawyers still offer free legal advice. Some lawyers also take up cases pro bono. Yet, Nigerians will still not seek free legal counsel when it is necessary.
If someone rapes or molest you, talk to a lawyer and a doctor immediately.
If someone rapes or molest you, talk to a lawyer and a doctor immediately.
