The urgent need for stricter laws, harsher penalties for rapists in Nigeria
Rape cases have assumed a pervasive nature within the borders of Nigeria, as an increasing number of instances are being reported and subjected to legal proceedings in recent times.
The nation has witnessed a surge in the occurrence of sexual assault cases, affecting individuals across a wide spectrum of age groups, ranging from young children to elderly women.
Despite concerted efforts to combat this abhorrent phenomenon, a significant number of perpetrators continue to evade punishment, thereby inflicting lasting trauma upon their victims and perpetuating a sense of injustice.
In a recent development, the presiding judge presiding over the proceedings at the esteemed Ikeja Sexual Offences and Domestic Violence Court delivered a life sentence to Dr. Olufemi Olaleye, the esteemed medical director of the Optical Cancer Care Foundation, for the heinous act of raping his wife’s niece.
Olaleye stood before the court, facing a two-count charge of defilement and sexual assault by penetration of his wife’s niece.
The heinous crimes were alleged to have been committed between March 2020 and November 2021. Despite pleading not guilty to the charges, the weight of evidence against him was overwhelming.
Just the day before, the Lagos Court had handed down a double life imprisonment sentence to Joseph Ekanem for defiling his neighbor’s 13-year-old daughter.
Justice Abiola Soladoye held that Ekanem was guilty of the two-count charge of sexual assault by penetration and defilement, contrary to Sections 137 and 261 of the Criminal Laws of Lagos State, 2015.In another ongoing case, Assistant Superintendent of Police, Babatunde Ashifat, recounted how Jelili Lawal raped a septuagenarian to death.
The gruesome details of the case sent shivers down the spines of those present in the Ikeja Sexual Offences and Domestic Violence Court.The Nigeria Police Force, Lagos State Command, had earlier disclosed that it recorded 111 sexual assault cases between April and June 2023.
The figures were alarming, with 14 rape cases and 56 cases of domestic violence also recorded during the same period.
The command had charged 99 suspects to court within the period, with 83 cases still under investigation.
The upsurge in rape cases across the country is a cause for concern. Citizens are calling on the security agencies to intensify efforts to check the menace.
In Gombe, the State Police Command reported receiving not less than 43 rape cases between January and July 2023. The situation is dire, and urgent action is needed to protect vulnerable members of society.
The state Commissioner of Police, Oqua Etim, said the crime was a major challenge in the state and disclosed that 37 of the reported cases had been charged to court while six were still under investigation.
The worrisome aspect of these cases is that the victims include minors while in some cases, perpetrators are family members.
Etim added that while arrests of perpetrators who were eventually charged to court had been intensified, concerted advocacy was being carried out to check the rising cases of sexual abuse in the state.
In recent news, it has been reported that four female students at Tai Solarin University of Education (TASUED) in Ogun State, Nigeria, were raped by suspected armed robbers who invaded a hostel on campus.
This incident is just one of many rape cases that have been reported across the nation in recent months, with many more going unreported due to factors such as stigma and victim-blaming.
It is disheartening to see that for every reported case of rape, six more go unreported due to various reasons, including stigmatization, lack of awareness about available support services for survivors, weak institutions, and patriarchal norms.
With the exception of Katsina, Kano, Taraba, and Zamfara states, all other states in Nigeria, including the Federal Capital Territory (FCT), have passed the Violence Against Person Prohibition Act (VAPP) in 2015.
This act provides a legal framework for addressing criminal offenses related to violence against individuals, including rape.
In Nigeria, the legal framework for criminal offenses includes the Criminal Code Act, which applies in the Southern states, the Penal Code, which applies in the Northern states, the Violence Against Persons (Prohibition) Act 2015 (VAPP), and individual state laws on domestic violence and sexual offenses.
Under the Criminal Code, rape is punishable by life imprisonment with or without caning. The Penal Code also punishes rape with life imprisonment, but allows for lesser terms and fines. The difference between these two codes is based on geographical, cultural, and religious differences.
The Violence Against Persons (Prohibition) Act 2015 stipulates a minimum punishment of 12 years imprisonment without a fine for rape, with a maximum punishment of life imprisonment.
It is crucial for Nigeria to continue working towards creating a safer environment for its citizens, particularly women, by strengthening institutions, raising awareness about available support services, and challenging patriarchal norms that perpetuate violence against women.
In the vast expanse of Nigeria, where the Federal Capital Territory, Abuja, Lagos, Ekiti, and other states have embraced the Violence Against Persons Prohibition (VAPP) Act or similar legislation, a glimmer of hope emerged.
However, this glimmer is overshadowed by the somber reality that the VAPP Act has failed to stem the tide of rape cases that plague our nation.Even in states where the VAPP Act has not been adopted, the Penal Code in the north and the Criminal Code in the south are meant to serve as guardians of justice.
Alas, their presence alone has not curbed the alarming prevalence of rape across the country.
Amidst this disheartening backdrop, Amnesty International Nigeria released its 2021 report, painting a grim picture of the ongoing human rights violation that is rape. Despite the Nigerian authorities’ declaration of a “state of emergency” on sexual and gender-based violence, rape continues to ravage our society. Survivors are left without justice, as rapists evade prosecution, and countless cases go unreported due to the insidious forces of corruption, stigma, and victim-blaming.
In the face of this dire situation, a beacon of justice emerged in the form of Judge Eberechi Wike of the Rivers State High Court. With unwavering determination, she called for a more severe punishment for those found guilty of defiling minors. She argued that the current penalties are insufficient and proposed the amputation of these sexual offenders, believing that such a drastic measure would serve as a deterrent against future acts of molestation.
Judge Wike’s bold stance serves as a rallying cry for change, a plea to our society to confront the heinous crime of rape head-on.
It is a call for a paradigm shift, where the punishment matches the severity of the crime, and the rights of survivors are upheld above all else. Only through collective action, a relentless pursuit of justice, and a rejection of the status quo can we hope to eradicate the blight of rape from our beloved nation.
The country must protect women and girls by ensuring that perpetrators of rape face justice and survivors get protection and psychosocial and medical support.
There’s need for advocacy and awareness for victims to always speak out when abused or when they witness gender and sexual abuse around them.
