OP-ED Opinions 

Rape: The Failure Of Nigeria Legal Framework By Victor Adegbite

Legislation is usually enacted to improve the society. The legitimisation goes far beyond the purpose of law. People say that the law reflects society and vice versa. In recent times, the prevalence of rape have increased at an alarming rate in Nigeria. This is fast becoming a pandemic worse than Covid-19 in the country as several lives are being lost to this ignominious act. The social media has been inundated with several reported murderous rape cases that requires urgent intervention. 

It is pivotal to state that Rape, like other forms of violence against women, is an infringement on women’s human rights, privacy, self-preservation and dignity. It is an intrusion into the right of privacy of the victim. Rape is the act of forcefully having sex with someone against her will. It can also be defined as a sexual penetration by one person against another person without the consent of the victim. The Constitution of the Federal Republic of Nigeria, 1999, does not specifically prohibit rape. According to Section 357 of Criminal Code Act, “any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind or by fear or harm, or by means of false or fraudulent representation as to the nature of the act, or in the case of a married woman, by personating her husband, is guilty of rape”. The Penal Code which is applicable in the North also provides that, rape is when a man has sexual intercourse with a woman against her will, without her consent, or with incorrectly obtained consent. Also, by virtue of Section 283 of the Penal Code, a person may still be convicted of rape despite the girl consent in a situation in which she is below 14 years of age or is a non compos mentis. It is crystal clear that the rape scourge is on the increase despite these legislations. The question that needs an urgent answer remains; What could have triggered the increase in recent times? What could have caused the perpetrators to sexually assault their victims? In a world that is constantly evolving, we hope to see a positive change, the fact that rape is still a predominant crime in our society  shows how the government seems to be urging the societal shift towards the rape culture. 

The state of Nigeria poorly defined criminal laws and weak law enforcement creates an environment where rape is committed with freedom (Amnesty International 2006). The Nigerian authorities at both federal and state levels have failed to address adequately the menace, as there are poor legislation criminalizing violence against women, and most bills initiated by non-governmental organizations on violence against women are still pending. This seems to contribute to the culture of gender based violence, including rape with the collaboration of enforcement agencies. 


Undoubtedly, the failure of the legal framework which criminalizes rape has succeeded in the non-prosecution and freedom of rapists. Women and girls who are raped by this nefarious beings have little hope of obtaining justice and reparation. In Sambo V. State(1993) LPELR-3000(SC), the accused was convicted of rape by the high court and appeal court, but regrettably, was set aside by the supreme Court despite the circumstantial evidence as provided by the prosecution. See Iko V the State (2001) LPELR-1480(SC). The rigorous requirement involved in producing authentic evidence of rape such as police report, medical report within a short time seems to trivialize the whole matter. 

According to section 30 of the criminal code, a male person under the age of 12 years is presumed incapable of having carnal knowledge, thereby can’t be prosecuted for rape. This presumption of the law is a rebuttable position in a modern world prevalent with lewd and sexual contents materials. Research has shown that many male teenagers in colleges and schools indulge in sexual intimacies with their mates, and siblings. 

There is the need for the upgrading of the existing obsolete laws so as to ensure better protection of rape victims. The laws on rape should give more protection to victims than accused as the cardinal aim of the law is to protect a woman.  The law is not the law when it doesn’t guarantee justice for the vulnerable. Rape victims tend to be silent as a result of humiliation and intimidation by the enforcement agencies, as well as the “embarrassment” of public acknowledgement.

The slow response of the justice system and the lack of supportive institutions to help victims of rape overcome the trauma quickly, have been identified as contributive factor to rise across the country Nigeria. Promoting a culture that justifies and safeguards non-consensual sex and rape is not only destructive for the society but rather toxic for the raw, blossoming minds of the youth. If the women of the society are not protected, and legally supported, then how can we expect the future to be promising? 

The lawmakers seems to be persistent on continuing with the historical legacy of having the legal framework which exploits and encourages the culture of rape. For far too long, women and young girls in our nation have suffered the pain, hurt and stigma of gender-based violence and abuse, as a result of the inadequacy of the law in solving this problem. The legislation on rape has not made any progression, and if the legislators remain adamant, injustice will become the new normal. No rape offender should be given an escape route to ruin a life further.

It is hereby proposed that there should be the introduction of sexual education into the educational curriculum, enacting laws are not enough; what is more important is the enforcement of the law to protect those it is supposed to protect, the enforcement agencies must ensure the arrest and prosecution of the criminal/perpetrators of the act. 

Parents should build a strong, healthy and open relationship with their children, wards and be vigilant, the girl child should be educated on the dangers of rape and places to go as to be safe. Civil Societies and NGOs should initiate elaborate enlightenment campaigns against rape and rapists. They should exhibit zero-tolerance to rape by engaging in rape intolerance attitudes. The federal government should further demonstrate serious commitment to address violence against women, and ensure that there’s the review and amendment of the laws on rape with a view of stricter punishment for violators. The Judiciary must ensure that all perpetrators of the act are duly and well prosecuted for justice to prevail.

Victor Adegbite is a law undergraduate of the Olabisi Onabanjo University and can be reached via [email protected] or +2348109899747.

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