Under the Criminal Code, a person found guilty of rape would be punished with imprisonment for life with or without caning. Whereas under the Penal Code, the punishment for rape is imprisonment for a term not exceeding 14 years and fine. Section 358 of the Criminal Code and section 283 of the Penal Code. MUHAMMADU V THE STATE (2020) HELAR. MAMUDA V. THE STATE (2019) HELAR.
No, this is because there is an implied consent to intercourse upon marriage. Under our Nigerian laws, same act may give right to charge the suspect for other offences, for instance, indecent assault in created under Section 360 of the Criminal Code and under other laws, but not rape
By virtue of the existing laws relating to sexual offences, the suspect would only be liable for indecent assault and unfortunately, not liable for rape. See Section 353 of the Criminal Code Act, Cap.C38 LFN, 2004 and Section 285 of the Penal Code.
EDITORIAL: It appears right for us to here suggest that the law should be further amended for there to be an unlawful carnal knowledge of any person without his or her consent, and some better description be given of what should constitute rape of a male person by a female. This will even make the contribution of the VAPP Act more complete because the reference to penetration by a woman with any part of her body or anything, in the case of a woman having an unlawful carnal knowledge of a man, without his consent, somewhat appears inappropriate, imprecise, vague or just not fitting into what we know of a woman raping a man. In a situation where a man is made to sleep with a woman by force or threat of harm to him or his close relation, or by some means, made to be unconscious of his actions, and in that state taken sexual advantage of by a woman, the man should be held to have been raped
Yes, where the Defendant only attempted to rape the victim but did not penetrate the victim, he would be liable for the offence of attempted rape and would be liable to imprisonment to a term of 14 years with or without caning. See section 359 of the Criminal Code.
Section 316(3) of the Criminal Code provides that if death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such nature as to be likely to endanger human life the offence of murder has been committed. Under this provision this case would ordinarily come under this category of acts regarded as murder. It would come more appropriately under Section 316(2) of the Criminal Code – death caused in the process of doing the victim some grievous harm. This is because, the act of ravishment, including rape, may not, in all circumstances endanger human life. But under Section 316(2) of the Criminal Code which says that a person is guilty of murder if the offender, intends to do the person killed or to some other person, some grievous harm. Note that the law did not say grievous ‘bodily’ harm. Rape can cause grievous harm to the person and so by virtue of Section 316(2) of the Criminal Code, a man who rapes a woman, an unlawful act, and such act causes her death would be liable for murder under the Criminal Code. UKPONG V. THE STATE (2019) HELAR.
Where a person has an unlawful carnal knowledge of a woman or girl without her consent, the person is said to have committed the offence of rape. It is not consent if the consent was obtained by duress or undue influence or where the woman being a married woman consented because she was deceived to believe that the man is her husband. See Section 357 of the Criminal Code Act, Cap.C38 LFN, 2004 and Section 282 of the Penal Code. It is important to note that a child or a person of unsound mind is not capable of giving consent. Again, the act of penetration is enough to warrant a conviction for the offence of rape. The Defendant need not have completed the sexual intercourse. UTANG V THE STATE (2020) HELAR; MUHAMMADU V THE STATE (2020) HELAR
According to the law as provided in the Violence Against Persons (Prohibition) Act, 2015, a woman can be charged for raping a man where it is shown that she intentionally penetrates the anus or mouth of the man with any part of her own body or anything else. See Section 1 of the Violence Against Persons (Prohibition) Act, 2015. Before now, it appeared as if it is only a woman that can be raped looking at the provisions of Section 218, and 357 of the Criminal Code and Section 282 (1) of the Penal Code which referred to only women and girls as the only victims of rape
Though corroboration is not a general requirement of the law of evidence with respect to criminal litigation as a person can be convicted solely on the basis of an uncorroborated testimony of one witness. However, as a matter of practice, where it relates to the case of defilement of girls aged below fourteen years, the evidence of the complainant (victim) must be corroborated before a Defendant can be convicted of rape. See Upohar V. State (2003) FWLR (pt. 139) 1512 @ 1525 CA; AJE V. THE STATE (2019) HELAR
Generally, the statute of limitation does not apply to criminal litigation except in some few exceptions as an offender can be prosecuted for offences he allegedly committed money years back.
However, with respect to offences of defilement of girls who are under thirteen years, the prosecution of such offences shall be begun within two months after the offence is committed. See section 218 of the Criminal Code. AJE V. THE STATE (2019) HELAR