By Catherine Egwuom
Rape remains one of the gravest violations of human rights. And beyond the physical injuries, survivors often endure psychological trauma, social isolation and prolonged legal battles.
Although Nigeria has strengthened its legal framework over the years, many stakeholders say implementation remains the greatest obstacle.
Some of the enacted laws prescribe life imprisonment for rape and guaranteeing broad protections for survivors. Yet, delayed reporting, weak enforcement, inadequate forensic facilities, judicial delays and persistent stigma continue to deny many victims timely justice.
Nevertheless, the country’s legal framework comprises the Criminal Code Act, applicable in Southern Nigeria, the Penal Code Act, applicable in Northern Nigeria, and the Violence Against Persons (Prohibition) (VAPP) Act, 2015.
The VAPP Act has general application and has been domesticated by laws in several states across Nigeria.
Under Section 357 of the Criminal Code Act, rape is defined as unlawful carnal knowledge of a woman or girl without her consent.
The law also covers situations where consent is obtained through force or, in the case of a married woman, by impersonating her husband.
Section 358 prescribes life imprisonment, with or without caning, for convicted offenders. Attempted rape attracts 14 years imprisonment, with or without caning. Similarly, Section 282 of the Penal Code defines rape as sexual intercourse with a woman against her will or without her consent. It also applies where consent is obtained through fear of death, injury or impersonation of a lawful husband.
The law further protects girls below 14 years and persons of unsound mind, regardless of consent.
Sections 282 and 283 prescribe life imprisonment while making offenders liable to a fine.
The VAPP Act, 2015, expanded the legal definition of rape and strengthened penalties. Section 1 defines rape as intentional penetration of another person’s vagina, anus or mouth with anybody part or object without consent.
The Act also recognises consent obtained through force, threats, fraudulent misrepresentation, intoxicating substances or impersonation of a spouse.
Section 2 prescribes life imprisonment for rape, while offenders below 14 years face a maximum punishment of 14 years imprisonment.
Legal experts believe the legislation represents significant progress. However, they insist effective enforcement remains the real test.
In his submission, Mr Chukwuemeka Dike, a Barrister and Tech, Privacy and Human Rights Advocate, describes the VAPP Act as a major milestone. Dike says the law strengthens justice for rape survivors while ensuring appropriate punishment for offenders.
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He notes that, as of 2022, 34 states, including the Federal Capital Territory, have domesticated the VAPP Act.
According to him, delayed reporting remains one of the greatest challenges affecting prosecution.
He urges survivors to report immediately to the Police while seeking prompt medical examination.
Dike says that early reporting preserves semen, photographs, crime scene evidence and instruments used during penetration. He explains such evidence remains critical in establishing penetration during prosecution.
According to him, delayed reporting weakens cases before the Police and the Ministry of Justice. Dike also identifies inadequate enforcement mechanisms as another major challenge.
“Successful rape prosecution depends heavily on medical and forensic evidence. Many states still lack sexual assault centres, DNA laboratories and trained personnel capable of collecting evidence within 72 hours”, Dike notes.
He attributes part of the problem to inadequate funding.
According to him, insufficient resources limit the Police’s ability to establish specialised gender units for rape investigations.
He added that existing units also require adequate funding for specialised training.
Judicial delays also continue to frustrate survivors.
Dike said Nigerian courts were overwhelmed with numerous pending cases.
He notes that the absence of specialised Gender-Based Violence courts also contribute to repeated adjournments.
According to him, defence tactics often prolong proceedings and discourage survivors from pursuing justice.
He also identifies proving lack of consent as another major burden for prosecutors.
Beyond legal hurdles, socio-cultural barriers also remain widespread. Dike states that many survivors fear stigma, public shame and even death, particularly in rural communities.
He observes that victim-blaming persists among enforcement agencies, families and communities.
According to him, survivors are sometimes questioned about their clothing instead of receiving justice.
He adds that pressure from relatives, religious leaders and community leaders also discourages reporting.
Influential suspects, he says, sometimes pressure victims into withdrawing complaints or persuade families not to report cases.
In spite of these challenges, Dike maintains that Nigerian law provides adequate punishment for rape offenders.
He describes rape as a felony attracting life imprisonment because of its gravity.
According to him, Section 2 of the VAPP Act adequately addresses different categories of offenders.
He also highlights extensive rights available to survivors.
According to him, survivors are entitled to medical, psychological, social and legal assistance.
They are also entitled to compensation, rehabilitation and reintegration programmes.
He says survivors have the right to vocational training, formal education and access to micro-credit facilities.
According to him, Sections 38 and 39 of the VAPP Act guarantee privacy and protection of survivors’ identities.
To strengthen justice delivery, Dike recommended in-camera hearings and video testimony.
He affirms that such measures protect survivors from intimidation, particularly minors and victims confronting influential suspects.
He canvasses for specialised Gender-Based Violence courts staffed by judges trained in trauma, consent and the VAPP Act.
The advocate also warns against harassment of rape survivors.
He highlights the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 prohibits cyberstalking and cyberbullying, warning that Section 24 prescribes up to three years imprisonment, a N7 million fine or both.
Sharing similar sentiments, a human rights activist, Mr Shalom Olaseni, also believes social attitudes continue to silence survivors.
Olaseni, Chairman, United Global Resolve for Peace, notes that stigmatisation inhibits many victims from speaking out and accessing needed support.
According to him, survivors often remain silent because they feel ashamed, unworthy and fear rejection.
“Communities should establish support systems where survivors can speak without fear of discrimination or judgment.
“Interaction with others who have experienced similar situations helps emotional healing and confidence”, he said.
Olaseni urges government to ensure diligent prosecution of rape offenders, saying that failure to enforce existing laws encourages sexual violence.
According to him, rape attracts penalties ranging from lengthy prison terms to life imprisonment.
He stresses that enforcement remains the responsibility of law enforcement agencies.
Olaseni also urges investigators to conduct thorough and impartial investigations.
He describes rape cases as extremely sensitive, warning against false accusations.
Deserving no less attention, parents also call for stronger and improved actions against rape offenders.
Mrs Rosemary Anokwute, a civil servant and mother of three, advises parents to believe children reporting rape or sexual abuse.
She notes that silence often protects offenders, urging immediate reporting to improve access to medical care and justice.
Mr Christian Nze, an engineer, said fear of stigma discourages many families from reporting sexual abuse.
He urges communities to support survivors instead of blaming them. Nze also calls for stiffer penalties and swift prosecution to deter offenders.
Mrs Ngozi Eze, a businesswoman, urges parents to educate children on personal safety. She encourages children to speak freely whenever they feel threatened or uncomfortable.
Eze also urges schools to strengthen child protection policies and promptly report suspected abuse.
Mrs Faith Udo, a nurse, said survivors require compassion, counselling and medical attention. She encourages families to prioritise recovery instead of protecting perpetrators.
Mr Anthony Ikechukwu, an accountant, advises parents to closely monitor children’s behaviour. He points out that sudden fear, withdrawal or anxiety can be an indicator of sexual abuse.
All in all, stakeholders agree that Nigeria possesses strong rape laws, including prescribing stiff penalties, but justice remains elusive amid enforcement gaps.
However, they insist that effective enforcement, survivor protection, improved forensic capacity, speedy trials and an end to stigma remain essential if the promise of justice is to become reality.
NAN
