CHAPTER ONE
INTRODUCTION
1.1 Background to the Study
Rape is known to happen all over the world although not much attention is paid to it in some countries, despite the huge psychological and physical trauma that it causes for the victims. The World Health Organisation report shows that about one in every four women may experience rape by an intimate partner in some countries while one third of adolescent girls report their first sexual experience as being forced (WHO, 2016).
Rape takes place in every setting, which includes, school, in care institution and at home. This is due to the influence of the various religions and customs in many parts of the world (Estrich, 2018). Women are seen as the (weaker sex) and there are discriminating practices by the state and society. Across regions and countries, it threatens rape victims survival, development, and generate social insecurity. Every year, and in every region of the world, thousands of the female gender suffer the impact of rape and more are at risk (Amnesty International, 2017).
Furthermore, rape is a prevalent issue in Nigeria. Findings from 2020 national survey on rape reveals that six out of ten children in Nigeria are suffering from rape before they reached the age of 18. More than 80 percent experience this rape repeatedly. Mostly the offenders are someone the rape victim knows and rape often takes place where the child should be safe, in their homes, in a neighbor’s home and at school. The majority of rape victims never speaks out, silenced by fear, shame and lack of knowledge of where to seek help from (Okeke, 2017).
However, in Nigeria, the issue of protection of rape victims is a pervasive problem and this is as a result of inexhaustible factors: such as wickedness, illiteracy and careless parents and guardian and so on. It is assumed that careless parents and guardian is the largest factor behind rape in Nigeria (Okeke, 2017). Rape is a range of act that include coerced sex in marriage and dating relationships, rape by strangers, sexual harassment including demands of sex for jobs or school grades and rape of children. It is important to understand meaning of rape as not only a physical act, but also could be any act that forces a person to join the unwanted sexual contact or attention (Cooper, 2018).
Rape is not discriminatory to a particular gender, both males and females are affected but mostly the females are the victims of rape, the number of female victims of rape are more than the male. Studies shows that there are also female offender of rape whose victims may be of male of female gender including children, adults and adolescent; the motivation for the female offender is the same with male counterparts. There could be a disbeliefs attitude by the society to the occurrence of male sexual assault unless the male victims themselves disclose sexual abuse and research has shown that female sexual assault is more than that of male sexual assault (Sanday, 2017).
They are some assumption that rape, like other medical, social or legal anomalies could be responsive to preventive measures and there are some elements that could offer the means to prevention of rape in the country (Eby, 2011). This ideas can be applicable universally and being discussed in the context of the developing the world, and this applicability in rape prevention is gotten from previous studies in different part of the world. So if one assume that rape can be prevented, certain responsibilities are authoritative. Rape victims are usually ashamed, humiliated, afraid to speak and the law to protect them are not effective and/or even the law enforcement officer who are meant to protect them also assault them in different ways, and the government are not supporting the protection of the rape victims (Alagbe, 2016).
Rape is a very serious sexual assault both under Nigerian law and other jurisdictions. The reason is that the issue of sexual intercourse is strictly a personal thing and should be done on the volition of the individual that wish to indulge in it. When carnal knowledge is undertaken without the person consent it is a crime (Fleshman, 2019).
The offence of rape is heinous because apart from constituting an invasion of intimate privacy of the victims, it has devastating effect on the victims and their families. In Nigeria, the criminal and penal codes have made provisions for what constitute rape. Under these laws a woman cannot be guilty of rape. However, the conception of some jurisdiction appears that the constitutes of rape in Nigerian jurisdiction is not comprehensive at all to include the act that constitute rape in current conception (Hawkesworth, 2016).
Across Nigeria today, each survivors react to sexual violence in their own unique way. Style, culture and context of the survivors life may affect these reactions. Some of the rape victims express their emotions, while others keep their feelings inside (Adeleke, 2012). Some may tell other right away what happened, other will wait for weeks, months before discussing the assault. It is important to respect each person’s choices and style of coping with the traumatic event (Creamer, 2011). Whether an attempted assault was made and regardless of whether it happened many years ago or it happened recently, it may impact daily functioning from the country. Therefore, the current research is examining the legal and institutional framework for the protection of rape victims in Nigeria.
1.2 Statement of the problem
The incidence of rape in the Nigeria has become a source of worry to government and development planners. In many developing countries and Nigeria included, barely can a day passes without reported cases of rape. This has given rise to, among other things, the passing of strict legislation into law in Nigeria with hope of reducing the incidences of rape.
Apparently, Nigeria is one of the countries with high number of rape incidences in the world (Sobrino, 2016). The continuing occurrence of this crime necessitates the federal government to promulgate some laws to meet the offence of rape in the country. Some of the laws that curtail the offence of rape are; The 1999 Constitution of the Federal Republic of Nigeria (as amended), Criminal Code Act, Penal Code, Violence Against Persons (Prohibition) Act, 2015, Administration of Criminal Justice Law of various states. However, some of the existing laws have not been able to effectively protect the victims of rape while most institutions saddled with the responsibility of existing laws are not carrying out such duties properly, hence, this study is considered timely.
1.3 Research objectives
The main objective of this research is to determine the legal and institutional framework for the protection of rape victims in Nigeria. The specific objectives are to:
- examine the nature of rape in Nigeria;
- appraise the relevant laws on rape in Nigeria;
- find out the effectiveness of public institutions in defense of rape victims;
- investigate the stigma rape victims face in Nigeria;
- suggest different ways by which rape can be tackled and victims protected in Nigeria.
1.4 Research Questions
The following research question guide the objectives of this research.
1 What is the nature of rape in Nigeria?
2 What are the relevant laws on rape in Nigeria?
3 What is the effectiveness of public institutions in defense of rape victims?
4 How are rape victims stigmatized in Nigeria;
5 What are the different ways by which rape can be tackled and victims protected in Nigeria?
1.5 Significance of the study
The study will educate the general public by shedding light on laws that are aimed at protecting rape victims in Nigeria. Many rape victims have nowhere to turn to after being sexually assaulted but this research will make them understand the laws that are aimed at protecting them.
This study will not only emphasize on the laws protecting the rape victims, it will also be a source of enlightenment to victims who don’t know that they rights have be violated.
Furthermore, this study reveal the issue of the violation of rape victims in Nigeria and pressure that are being mounted on the Nigeria government to work towards a solution.
This research will be useful for students and scholars as a contribution to the body of literature in the area of the legal and institutional framework for the protection of rape victims in Nigeria, thereby constituting the empirical literature for future research in the subject area
1.6 Scope of the study
This research work will be focusing on the legal and institutional framework for the protection of rape victims in Nigeria. Rape is very common in Nigeria and can be seen in various state in Nigeria due to the fact that the population of Nigeria is high over the years. This research will cover from 1999-2020 in the federal Republic of Nigeria. This duration was selected because of the need to know how laws on rape are been passed and implemented in this ongoing democratic era.
1.7 Methodology
Qualitative method of data collection would be used in this study. In view of this, data were generated from secondary source materials. Data used in this research were sourced from relevant text materials. These include: texts, journals, Magazines, past project relating to this study, Archives, publications of research work and internet. Also, primary data will also be obtained by conducting an interview. The method of data analysis that will be adopted in this research is content analysis.
1.8 Definition of Terms
1 Rape- is an unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against a person’s will.
2 Rape victim- a person that is sexually assaulted, harassed, harmed, injured, or killed as a result of a crime, accident, or other event or action.
3 Consent- consent in this context is sexual content. Consent can be defined as an agreement to engage in sexual activities.
4 Criminal law- is a system of law concerned with the punishment of offender violation. Violation can be defined as the actin of failing to comply with a rule or agreement.
1.9 Chapter Outline
The study will be divided into five chapters. Chapter one: this chapter will provide the introduction of the study, research question, research methodology, significance of the study and scope of the study. The second chapter will discuss some concepts and literature that are relevant to the study, and also analyze case studies that are related to the study. Chapter three will discuss the causes and cases of rape in Nigeria. Chapter four will analyze legal and institutional framework on the protection of rape victims in Nigeria. Chapter five will provide recommendation in response to the laws protecting rape victims and also conclude the study.
