A CRITICAL APPRAISAL OF THE INGREDIENTS AND DEFENCES FOR RAPE

Abstract

This research examines the ingredients and defences for rape under Nigerian law. Rape is a most despicable offence. It is a grievous both to the body and the mind. This research examines the elements and ingredients for rape under Nigerian law. It also examines the causes of rape and the adequacy of the legal framework for combating rape in Nigeria. It shows that the elements of rape under Nigerian law include intercourse without consent, consent obtained by force or fraudulent means, penetration, intercourse not being between husband and wife, and evidence must be adduced to corroborate the complaint. According to Nigerian law, these elements must be proved before rape can be said to have occurred. The research shows that the Criminal and Penal Codes do not provide for the rape of boys and marital rape. However, the Violence against Persons (Prohibition) Act provided this, however, its enforcement is limited. It was also shown that there are gaps existing in the current framework and the unwillingness of some states to adopt relevant laws that will curb rape in Nigeria. The research notes that some cultural practices run contrary to the law and posits that the existing laws and law enforcement mechanisms are not adequate and cannot successfully combat rape in Nigeria.

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urn:uuid:f1c6ae63-2c8c-4384-a86e-efcb8b9ff936