CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND OF THE STUDY

Sexual crimes is a broad term that encompasses a wide range of sexual offences. 1The

Oxford Advanced Learner Dictionary (8th edition) defines sexual as "everything

related with the physical action of sex. 2 Non-consensual sexual acts (rape), abusive

sexual acts, and verbal sexual harassment all fall under the category of sexual crimes.

In modern times, there has been a rise in sexual crimes. "Sexual crimes occurs when

someone is coerced or manipulated into engaging in unwanted sexual activity

without their consent. Sexual crimes include any sexual act, attempted sexual act,

unwanted sexual comments or advances, or acts to traffic or otherwise direct a

person's sexuality using coercion, committed by anyone, regardless of their

relationship to the victim, in any setting, including but not limited to home or work. 3

Sexual assault is a growing problem that requires immediate and frantic treatment

because it affects both sides (perpetrators and victims), leaving the victim with

emotional and psychological scars that can last for years. The majority of its victims

1
Abdullahi Abba Aji, A Study of Some Sexual Offences under the Nigerian Legal System
2
Hornsby A. S. Oxford Advanced Learner’s Dictionary, 8th edition (Oxford Advanced Learner's
Dictionary)8th Edition8th Edition.
3
Jewkes, R., Sen, P. and Garcia-Moreno, C. “Sexual Violence. Word Report on Violence and
Health” Word Health Organization, Geneva, (2002): 213-239
1
live with it and pass it on to others, who then experience their pain and anguish in

more aggressive ways. Many raped Nigerian women go unnoticed because they do

not report the crime to the authorities.4The culture of silence exacerbates the

problem, which stems in part from police humiliation and intimidation of victims, as

well as the discomfort of public acknowledgment and the rigor with which rape is

proven. Furthermore, being shunned by people who believe rape brings dishonor to a

woman's family and community exacerbates the problem. 5 As a result, many rape

victims refuse or are reluctant to speak out about their ordeal, and the rapist moves

on to the next victim. Rape is not a pandemic in Nigeria; 10,079 rape occurrences

were documented between 2001 and 2005. Only 18% of people, according to the

same survey,6

In terms of culture, it is a crime that ranks with murder in that a suspect accused of

rape is expected to flee the scene while his family works to remove the rape victim's

family's humiliation. Despite these factors, rape appears to be on the rise in Nigeria.

It can therefore be assumed that the existing laws' punishments are no longer severe

enough to dissuade would-be rapists, or are there other elements that apparently

4
Caroline OkwumdiMuoghalu ‘Rape and Women’s Sexual Health in Nigeria: The Stark
Realities of Being Female in a Patriarchal World’ vol 19,No 1&2 2012, pg 33-41.
5
Hutton, D., Omidian, P., Miller, K., 2006, ‘Psychological Challenges and Interventions for
Women affected by Conflict’, Women for Women International, http://www.eldis.org.com
6
Peters, O. and Olowa, O., 2010, ‘Causes and Incidence of Rape among Middle Aged and
Young Adults in Lagos State, Nigeria’, Research Journal of Biological Sciences, Vol. 5(10):
670-677. Stanley, L. and Wise, S., 1983, Bj
2
provide more incentives for rape than the threat of punishment? Furthermore, women

have long been seen as the weaker party, , and as a result, they have been repressed

and dominated by culture in most African nations. 7The culture is characterized by

inequity and female servitude. Gender-based violence, such as rape, domestic

violence, and other sexual abuses, has reached epidemic proportions around the

world.8 Rape is a form of sexual assault in which a person is subjected to sexual

intercourse or other forms of sexual penetration without their permission. 9 The act

may be carried out through physical force, coercion, abuse of authority, or against

someone who is unable to give legitimate consent, such as someone who is asleep,

incapacitated, has an intellectual handicap, or is under the legal age of consent. 10

Rape, one of the oldest crimes in human history, has caused a great deal of grief and

misery to individual rights, with many laws specifying out the punishment if

7
Maier, S. L. (2008). “I Have Heard Horrible Stories…”: Rape Victim Advocates’ Perceptions
of the Revictimization of Rape Victims by the Police and Medical System”. Violence against
Women. 14 (7): 786–808. doi:10.1177/1077801208320245 . ISSN 1077-8012 . PMID 18559867.
8
Rape and sexual violence: Human Rights Law and standards in the International Criminal
Court. Amnesty International 2011.
9
Krug, Etienne G.; et al., eds. (2002). “World Report On Violence And Health” (PDF). World
Health Organization. p. 149.
10
A critical analysis of the UK’s definition of rape shows that the offence can only be committed
by a man, though a man, like women, could also be a victim. Under the Department of Justice’s
definition, on the other hand, both men and women may be victims or perpetrators. It is observed
that both the US and UK’s definitions make use of the word “penetration”, instead of “carnal
knowledge” or “sexual intercourse” as found in the Nigerian definitions of rape, which means
that rape may be committed where a person’s vagina, anus or mouth is penetrated with penis,
object or any part of one’s body whether there is sexual intercourse or not.
3
somebody is proven guilty. Rape, on the other hand, has persisted in practically

every corner of the world with no signs of abating, if anything, it is on the rise. This

conduct, which was once widely thought to have been motivated by lust, no longer

appears to be the case. Rape victims, on the other hand, come in all ages, from

toddlers to the elderly. Surprisingly, females make up 90 percent of rape victims. 11

1.2 STATEMENT OF PROBLEM

Several causes can be blamed for the rise in sexual offences. The elements are

linked to technical advancement and the expansion of people's rights. The

introduction of television and cinemas has contributed to an increase in the number

of sexual offences. One of the biggest instigators of sexual offences is the use of

the internet, which allows people to quickly evaluate pornographic content. The list

of reasons that support such behavior is long.

1.3 OBJECTIVES OF THE STUDY

The general objective of this study is to examine the legal and regulatory

framework on sexual offences in Nigeria. Other specific objectives include:

1) To define and categorize sexual offences under Nigerian Legal system.

2) To explain what constitutes the elements of each of the offences, as well

as the prosecutor's role in proving them.

Sexual Assault Prevention and Awareness Centre, University of Michigan available online at
11

www.sapac.umich.edu/article/49
4
 3) To properly clarify each of the sexual offences culpability under

Nigerian Law

4) To make recommendations for reducing the prevalence and threat of

sexual offences in today's society.

1.4 RESEARCH QUESTIONS

The research questions to be tackled in this study include:

5) What are the various sexual offences under Nigerian Legal system?

6) What must the prosecutor' prove when prosecuting for various sexual

offences under Nigerian Law?

7) What is the level of culpability for the various sexual offences under

Nigerian Law?

8) What can be done to reduce the prevalence and threat of sexual

offences in Nigeria?

1.5 SIGNIFICANCE OF THE STUDY

The significance of bringing attention to or conducting study on sexual offences will lead

to the searching for answers for troubling questions like: how can the threat of sexual

abuse especially on women be reduced? Hence, the goal of this study is to shine a light

on existing legislation on sexual offences in Nigeria and their level of effectiveness from

5
the perspective of victims in order to ensure a faster and better way of dealing with

sexual crimes in Nigeria.

Finally, this research will serve as additional literature for further research in this

area of study.

1.6 SCOPE AND LIMITATION OF THE STUDY

The purpose of this study is to examine and analyze the occurrences and

reoccurrences of each of the sexual offences in Nigerian culture, as well as the laws'

effectiveness in preventing them. Every piece of legislation has a certain

jurisdictional flavor to it. There are no exceptions to the rule when it comes to sexual

offences. Adultery has a different legal status in Nigeria than it does in other

countries. Adultery is not illegal in Southern Nigeria, although it is in the Northern

part of Nigeria which is governed by Sharia Law.

For the purpose of this work, this research will not extend more than the scope stated

in this work and will be limited to the review of sexual offences in Nigeria while

referencing relating legislations and case Laws from foreign sources.

1.7 RESEARCH METHODOLOGY

6
The doctrinal method of research will be used to conduct this study. The researcher

will use a historical and comparative perspective. The comparative approach will

include an examination of laws and practices in a number of other countries.

Primary and secondary data sources will also be used in this study. Statutes, as well as

reported instances from case law and also legally accepted copies of unreported court

judgements, were the main sources of data. Secondary sources, such as local and foreign

textbooks, journals, papers, and internet resources, will be examined.

1.8 DEFINITION OF TERMS

Offences: An offence is defined in section 2 of the criminal code as an act or

omission that makes the person who does the act or makes the omission liable to

punishment under this code or under any Act or law 12. This provision states that

anyone who commits an offense and is apprehended will be prosecuted with it.

Compensation is a monetary payment made to make up for lost or damaged

property. When someone commits a criminal offense that results in personal injury,

loss, or damage, the court may issue a compensation order compelling the offender

to pay compensation to the victim. (with interest, if need be). The purpose of

compensation is to compensate the victim for the tough situation he has found

himself in as a result of another's crime

12
People v Liberto 64 N.Y.2d 154, p 167 (1984)
7
Sexual Offences: The Sexual Offences Act of 2015 deals with sexual offences in

Nigeria. Sexual intercourse with another individual who does not consent is defined

as a sexual offence..

Victim: A victim is a person who has been damaged by a crime, tort, or other

wrong. According to Article 1 of the United Nations Declaration of Basic

Principles of Justice for Victims of Crime and Abuse of Power, a victim as a

person who has experienced harm as a result of acts or omissions that violate

criminal legislation in member states, such as bodily or mental injury, emotional

anguish, economic loss, or substantial impairment of basic rights. This includes

laws prohibiting criminal abuse of power.13

Regardless of whether the perpetrator is recognized, apprehended, prosecuted, or

convicted, a person might be considered a victim under Article 2 of the same

declaration. If relevant, the term "victim" also refers to the immediate family or

dependents of the direct victim.

13
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.
Recommended for adaption by seventh United Nations Congress on the prevention of crime and
the treatment of offenders held at Milan from 26 August to 6 Septem
8
1.9 LITERATURE REVIEW

The following is a synopsis of some of the rape and incest literature. Its goal is to

raise awareness and inspire research interest in this field.

Sexual crimes, in any form, is, in essence, a violation of the victims' fundamental

human rights. The constitution, on the other hand, does not define acts that would

constitute a breach of human dignity or torture, despite the fact that it is implied;

however, the drafters took the time to explain acts that would constitute "forced or

compulsory labor" in sub (2) of the same section 34; such interpretation should be

given to section 34 (1). (a). To avoid ambiguity and multiple interpretations, a list of

conduct that would constitute a breach of this rule would be a good start.

Sexual Offences is a threat to our society and citizens' rights; women, without a doubt,

are more vulnerable to this heinous behavior. Sexual crimes is recognized to have a

profound detrimental effect on its victims, with a wide variety of health implications

regardless of gender, it causes a wide range of bad thoughts and unstable emotions, as

well as embarrassment. Suicide, drugs, alcohol, and even gender reassignment are all

options that victims often explore. Sexual crimes is likely to occur in any society where

women are simply considered feminists, or possibly just making a political statement,

which fosters the belief that males are superior in all ways.

9
Sexual crimes involves any sexual act or attempt to obtain a sexual act, unwanted sexual

comments or advances, acts to traffic or otherwise A directed, against a person's

sexuality by any person regardless of their relationship to the victim in any setting,

including but not limited to home and work.

Sexual crimes include any sexual crimes attempt to obtain a sexual act, unwanted sexual

comments or advances, or acts otherwise coerced against a person's sexuality by anyone,

regardless of their relationship to the victim, in any place, including but not limited to

home and work. Coercion can take the form of various levels of force, psychological

intimidation, blackmail, or threats (of physical harm or failure to get a job/grade, for

example). Furthermore, sexual crimes can occur when a person is unable to give consent,

such as when they are inebriated, drugged, sleepy, or mentally ill.

Some definitions of sexual crimes acts in which a woman is physically forced to engage

in sexual intercourse when she does not want to exist for the purposes of research. Some

definitions of sexual crimes include acts in which a woman is physically compelled to

engage in sexual activity she does not want or to do anything she considers disgusting or

humiliating.

Nigeria is on the verge of becoming a sexually licentious society. Orgies, group sex,

homosexuality, partner switching, casual sex, incest, rape, and other forms of sex

abuse have all become commonplace in our culture. The extent of harassment in
10
Nigerian Educational Institutions is disturbing, especially when teachers, preachers,

and enticing students have perpetrated atrocious atrocities in religious institutions 14.

As a result, the Sexual Harassment in Tertiary Educational Institutions (Prohibition)

Act, 2016, was enacted to protect students from sexual hostility and all forms of

sexual harassment in schools by making it illegal for any teacher in a university,

polytechnic, college, or other institution to violate or exploit the student-teacher

relationship of authority, dependency, and trust for sexual purposes.15

Poverty and media content (pornography, movies, social media, music videos), are said

to contribute majorly to sexual crimes. Some of these factors are justified, while others

are argued to be unreasonable and unaccepted. There has been increased discussion on

the 'content mass-media' as a result of several studies of media effects, and so media

effects are classified as powerful, moderate, or weak. 16This statement implies that there is

no consistency in how much media content affects its audience, but there is undoubtedly

an effect that can be strong, moderate, or weak, depending on the end result, because

every reaction is the result of an action. As a result, the audiences are likely to react to

media content after consumption, particularly through screens, such as television or

films, which appeal to both visual and auditory senses.

14
(2011) LEPLR, SC 134/2016.
15
Sexual Harassment in Tertiary Educational Institutions (Prohibition) Act, 2016
16
Harry Jamieson. Visual communication.1st ed. Chicago: The University of Chicago Press,
2007.
11
Scholars argue that movies are an effective tool for achieving social, economic, material,

and educational development. Movies are claimed to be comparable to physical activity,

such as playing with friends or spending quality time with family. The role of the media

in nation-building is well-known. Critics frequently express reservations about the

operations of the mass media in our society as instruments of enlightening the general

public on the importance of national development, resulting in a serious debate around

the world. According to Okunna, the media is “Like a bullet, the message would be

received by the individual directly and would have an immediate effect on him/her,

persuading him/her to behave exactly as the media message advocated. 17Explaining what

Okunna means by this remark, it is apparent that most of the time the receiver has no

choice but to imitate the message that was provided to him/her, for example, when seeing

pornographic photographs or movies, there is a strong likelihood that the receiver will

imitate the message.

The receiver may feel compelled to masturbate or seek out another option, which could

escalate to rape. Many elements are claimed to influence media content, including the

content, some of which reflect the situation surrounding media use, and others which

include the media consumer's past.. To continue the debate on varied media material,

17
Okunna, Chinyere Stella. Portrayal of Women in Nigerian Home Video Films: Empowerment
or Subjugation? (1992) available at. San.3./lib.msu.edu/DMC/African Jurnal/pdfs/ Africa media
review

12
movies are believed to be one of the most influential mediums of mass communication in

which audiences are given information, education, and amusement. Although critics

never cease to criticize movies, the guilt has been shifted to television and movies for

exploiting crimes such as sexual assault, rape, and other anti-social conduct and attitudes

to entertain their audiences.18

An example of a media content that had a huge impact and was widely panned was the

2008 Ghanaian film "forbidden fruit," which was extremely pornographic and featured a

lot of nudity and obscenity. Nigerians are known for their creativity. The Nigerian film

industry, which is not immune to similar films, has expressed disapproval of the film and

has threatened to prevent foreign films from entering the country. Perhaps this is why

academics like Rodman made the following statement regarding the movie industry and

its growing impact on people.19

Findings from empirical studies show that rapid presentation of vulgar attitudes and

filthy statements are material contained in movies, particularly foreign films like

18
Nicolson, A., Walker, M. &Wedderburn, J. (Eds.). Whose Perspective?: A Guide to Gender-
Sensitive Analysis of the Media. Story Hill: Women’s Media Watch Jamaica, 1998.

19
The Nigerian Film Corporation. The Cradle of Film: Landmarks of the Nigerian Film
Corporation 1. Jos: Nigerian Film Corporation, 1994.

13
Hollywood films, have contributed negatively in fueling indecency such as pornography

and nudity, which are clearly moral backwardness to society. Most media content

portray women as sexual tools who are mistreated and violated, demonstrating males and

women's dominant power. Being sexy and engaging in sexual intercourse is depicted as a

normal aspect of popular, exciting, and glamorous feminine lives on television and in

movies; nevertheless, the consequences of sexual activity are rarely addressed: Unless

they are important to the plot, most sexual experiences have no long-term consequences.

When consequences are mentioned, they are usually restricted to physical rather than

emotional or social effects. Many home recordings are neither wholesome nor

instructional, and their main detractors point to the abundance and explicit depiction of

violence and sex in them. Other technologies, such as periodicals, social media,

pornography websites, and music videos, are considered to be responsible for sexual

assault.

Poverty is also one of the leading causes of sexual assault, with victims experiencing it

on a daily basis. Sexual abuse can also put a person's financial well-being at jeopardy,

resulting to poverty, unemployment, disrupted education and health, mental illness, and

other everyday tensions and fights. As a result, if one's basic needs aren't met, one's risk

of becoming depressed rises.

14
Poverty increases people's vulnerability to sexual exploitation in the workplace, schools,

prostitution, sex trafficking, and the drug trade, according to statistics, and individuals

with the lowest socioeconomic position are more likely to be victims of violence. from

poor backgrounds are more likely to be raped, as evidenced by children and young girls

who hawk for their family to feed and make ends meet. Poverty forces women and young

girls into situations that expose them to sexual crimes, whereas women from wealthy

families who are educated are said to be more empowered.

Sexual crimes affects both men and women, implying that anyone, regardless of age or

gender, can be a victim or a perpetrator, ethnicity, education, race, socioeconomic status,

religion, views, and attitudes are all factors to consider. Threats, coercion, exploitation,

deception, force, physical or mental incapacitation, or the use of power and authority are

all stated to be used by offenders to achieve their goal of sexual crimes. Although sexual

impulses are believed to be a part of the human experience and are physically necessary,

they should never be forced onto anybody; they should always be done on one's own

volition and no one should be forced to do so. To lure their victims into their traps,

criminals employ a variety of strategies and tactics.

Sexual crimes occurs in all cultures and societies, and it can be spread and nurtured in

any environment. It also has repercussions. Sexual crimes can result in health and mental

illness such as HIV/AIDS, syphilis, virginal inflammatory diseases, depression, suicidal

15
ideation, homosexuality, lesbianism, resentment of the opposite sex, poor sexual life,

mental disorder, hostility, and murder, has a deep psychological and emotional impact. 20

Sexual crimes impacts people of all genders, ages, races, religions, income abilities,

professions, nationalities, and friends, neighbors, and relatives, according to Greenfield

(1999), p.59. The National Sexual crimes Resource Centre released a fact sheet in 2014

that defined sexual crimes as "any sexual action in which permission is not freely

provided or gained." Sexual crimes can affect anyone, and anyone can perpetrate it.

Females make up the majority of victims of sexual assault. The perpetrator is frequently

a friend, intimate partner, coworker, neighbor, or family member of the victim. Sexual

crimes is defined as "acts that do not include physical contact between the victim and

perpetrators, such as sexual harassment, rape, threats, and peeping, intimate partner

abuse, and all other forms of sexual crimes.21

20
Yan, Np, Koss MP, Stone M, The psychology consequences of sexual trauma.Vawnet.A
project of National resources center on domestic violence/ Pennsylvania coalition against
domestic violence.

21

BreidingMj, Smith SG, Basile KC, Walters ML ,Chen J ,Merrick MT, prevalence and
characteristics of sexual crimes ,stalking ,intimate partner victimization in the
unitedstates, National intimate of sexual crimes survey, United states,(2011).

16
Sexual crimes is a mental and physical attacks that can leave the victim feeling a variety

of feelings, including fear of humiliation, loss of control, vulnerability, embarrassment,

guilt, or fury.. Also, unlike victims of other crimes who are generally taken into account

and more serious, sexually violated victims are frequently blamed for an assault that

occurred against them and was beyond their control. Sexual crimes result in mental and

health consequences such as depression, unease, low self-esteem, and suicide attempts.

There's also a good chance of contacting incurable diseases such as HIV, STDs, as well

as stigmatization from friends, family, and the general public. It can sometimes force

people to adopt a new perspective, such as thinking the same sex is superior to the

opposing sex, which they now regard as monsters.

Sexual Harassment is the most common form of sexual offences. This is broad in

nature, as sexually harassing anyone is a crime punishable by three years in prison. It

comprises unsolicited sexual advances, requests for sexual favors, and other visual,

verbal, or physical behaviour of a sexual character that, when accepted or denied,

causes a person's work or educational status to be jeopardized. The final element of

the sexual offences is obtaining another person without his agreement to participate

in sexual behavior, which carries a five-year sentence, but carries a life sentence if it

involves penetration. Hence, this research intends to expose to the public a wide

17
range of sexual offences in order to understand the threat's nature and the law's

response to it.

Rape is described as the entrance of the penis into the victim's vagina (or between

her labia) without her consent, whether by force, fear, or deception. The allegation

does not require any lacerations, ejaculation, or harm. 22 Men, women, and children of

various races, marital statuses, ages, and occupations have been victims of rape and

sexual assault. The following are some rape-related facts that have been documented

in the literature: Rape is a heinous crime. Women have been viewed as property to be

cared for and used as such, and passed from one male (father) to another, as stated in

the literature dealing with feminist concerns and rape (husband). It has also been

noted that some women, as property, are valued higher than others, and society takes

greater care and protection of them. This could explain why some women have had

difficulty being believed after being sexually abused.23

There are specific elements that the prosecution must prove in order to prove the

crime of rape under the law. The supreme court of the United States held in

Ndewenu Posu&anor v The State24] that the prosecution must establish the following

22
Rape and sexual crimes: Human Rights Law and standards in the International Criminal Court.
Amnesty International 2011.
23
Krug, Etienne G.; et al., eds. “World Report On Violence And Health” . World Health
Organization, (2002) p. 149.
24
(2011) LEPLR, SC 134/2016
18
in a case of rape or unlawful carnal knowledge of a female without her consent. It

was argued that the accused possessed the mens rea, or the intent, to have sexual

relations with the prosecutrix without her agreement, or that the accused acted

carelessly, not caring whether the prosecutrix consented or not, that there was

penetration..

Brownmiller explains:

a unique perspective on the situation Rape and sexual abuse, she believes, are a

forceful invasion of the body, an intentional breach of emotional, physical, and

cognitive integrity, and a hostile, demeaning act of violence intended to humiliate

and degrade25. Sexual assault is a crime against the person and society. According to

the Department of Health Services of the State of California. Disease, unexpected

pregnancy, physical injury, and psychological trauma all threaten its victims,

potentially causing long-term mental harm.26

25
A critical analysis of the UK’s definition of rape shows that the offence can only be committed
by a man, though a man, like women, could also be a victim. Under the Department of Justice’s
definition, on the other hand, both men and women may be victims or perpetrators. It is observed
that both the US and UK’s definitions make use of the word “penetration”, instead of “carnal
knowledge” or “sexual intercourse” as found in the Nigerian definitions of rape, which means
that rape may be committed where a person’s vagina, anus or mouth is penetrated with penis,
object or any part of one’s body whether there is sexual intercourse or not.
26
Sexual Assault Prevention and Awareness Centre, University of Michigan available online at
www.sapac.umich.edu/article/49
19
In Adeoti v State27, the Court of Appeal held that the offence of rape is said to be

consummated where a man has unlawful carnal knowledge of a woman or girl

without her consent or where consent is obtained by force or by means of threat or

intimidation of any kind or by fear of death or possible bodily harm or by means of

deceit, falsehood or fraudulent representation as to the nature of the act. The court

further held that the essential and most important ingredient of the offence of rape is

penetration and unless penetration is proved, the prosecution must fail. Penetration

however slight is sufficient and it is not necessary to prove injury or rupture of the

hymen to constitute the crime of rape.

Also in the Ogunbayo v State28, the Supreme Court held that sexual interference is

deemed complete, upon proof of penetration of the penis into vagina. Emission is not

a necessary requirement. It has however been held, that any, even the slightest

penetration will be sufficient to constitute the act of sexual intercourse. This is why,

even where the penetration was proved but not of such a depth as to injure the

hymen, it has been held to be sufficient to constitute the crime of rape

The accused was charged with defiling a minor under the age of eleven years in the

case of The Queen v AnofiSeidu29. The girl was discovered sitting on the accused's

27
(2008) JELR 52125 (CA)
28
(2007) All FWLR.
29
1960, WRNLR 32.
20
laps with a rag wiped on her thigh. The garment was confirmed to contain human

semen after the accused identified it as his. Human semen, not blood, was discovered

in the girl's intimate area. The doctor who examined her couldn't tell if the hymen

had recently ruptured. The accused was convicted of indecent assault but not of rape

by the court. The presence of sperm in the victim's vagina does not imply that the

vagina has been penetrated; proof is required. The court may nonetheless convict her

after giving proper consideration to available evidence. Thus proof of the rupture of

the hymen is unnecessary to establish the offence of rape. In this same case, the

Supreme Court made references to the case of State v Ogwudiegwu30 where it was

held that in the offence of rape, in order to secure a conviction, corroborations of the

evidence of the complainant implicating the accused is not essential, but a judge

must warn himself of the risk of convicting on the uncorroborated evidence of the

complainant.

The issue of corroboration has been quite thorny in the criminal law jurisprudence

for the offence of rape. These days the manner in which the crime occurs makes it

practically impossible to require corroboration. For instance, where a man is caught

in the act, what other corroboration is needed to convict such a person or where it is

the defilement of a child by an adult with a threat of harm on the child if she dares

report and the act continues until the parents of the child discovers same either as a
30
(1968) NMLR 117.
21
result of change in the attitude of the child or the child is hurt and bleeding and

confesses to the parents that she has been constantly defiled by the suspect. What

would be the corroborating evidence in this situation? This issue is germane because

in the case of Sambo v State31the court held that if the prosecution can secure the

conviction of the accused, the victims evidence must be corroborated and that the

corroborating evidence must be cogent, compelling and unequivocal as to show

without more that the accused committed the offence charged; an independent

evidence which connects the accused with the offence charged; and evidence that

implicates the accused in the commission of the offence charged.

Lord Diplock pointed out the problem that the corroboration rule is supposed to

avoid in D.P.P v. Hester32. His Lordship believes there is a chance that the witness's

story is false. Whether there is a possibility of willful inaccuracy, as in the case of

accomplices, or unintentional inaccuracy, as in the case of youngsters and some

complainants in sexual offense cases.33 Another rationale for the corroboration rule is

to safeguard people from being falsely accused of rape. In order to convict on the

charge of rape, the writer believes that the court does not need to look for

corroboration evidence. This is due to the fact that there is no such law.

31
(1993) 6 NWLR (Pt. 300) 399 at 419.
32
(1973) AC 296 at 315.
33
Iko v. State, (2001) 14 NWLR (Pt 732) 221 at 245.
22
Given the high occurrence of sexual assault in our culture, it is the submission of this

review that this can no longer be considered a true portrayal of the law. Some of

these crimes go undiscovered and are perpetrated by people who appear to be more

powerful than their victims, making the victims their sex slaves or objects of sexual

enjoyment at their command because obtaining proof to confirm the rape looks to be

a monumental job. The report goes on to say that until this viewpoint is rectified, our

streets and neighborhoods will be overrun by rapists and paedophiles who will prey

on the most vulnerable victims. The paper supports the court's decision in the case of

Iko v. The State34, where it was stated that the right direction is that convicting

someone based on the prosecutor's uncorroborated evidence is risky. If the court is

satisfied with the truth of the accused's evidence.

Sexual intercourse will occur against the female's will in a situation where the victim

is unable to say no or yes, such as when the victim is under the influence of a

narcotic. This is when the victim is placed in a position where she is unable to voice

her will. The expression "without her consent" is used when the victim has not

expressed her consent, either explicitly or implicitly. In the instance of In R v

Young35, the accused entered the victim's bed while she was sleeping with her two

children and husband, and had sexual intercourse with her while she was sleeping.

34
Ibid, (2001) 14 NWLR (Pt 732) 221 at 245.
35
(1878)14 Cox C.C 114
23
She initially mistook it for her husband and did not resist, but when she heard the

accusing voice, she tossed him off and dialed her husband's number. The defendant

attempted to flee, but was apprehended by a police officer. Rape was found against

the defendants.

The prosecution must show that there was penetration in every case of rape. The

Supreme Court has ruled that penetration is the most significant element of rape, and

that any level of penetration is sufficient. It is not essential to show that the hymen

was ruptured or that an injury occurred in order to prove rape[26]. Corroboration is

another key component of rape. Corroboration is a rule of thumb rather than a legal

necessity. It is, nevertheless, frequently essential. In Iko v. State[27], Kalgo JSC

endorsed Lord Reading's notion of corroboration in R v. Basker Ville[28]:

"...evidence in corroboration must be independent testimony which affects the

accused by connecting or tending to the accused." In other words, it must be

evidence that implicates the accused and establishes not merely the conduct of the

crime, but also that the accused committed it in some important detail.

Other sexual offenses recognized under Nigerian law include adultery and

fornication. Adultery and fornication have been seen as sinful since the beginning of

time. In Rome, India, Australia, Greece, Israel, and Nigeria, laws against adultery

and fornication are widely denounced and uniformly implemented.

24
The fact that 'Adultery and Fornication are religiously sinful; they are morally

corrupt and socially terrible,' justifies the act's universal condemnation. Adultery is

defined as an illegitimate connection with someone of the opposite sex, or sexual

intercourse between people who are not married. According to records, the word

'adultery' comes from the Latin word 'adulterium’.36 It is a combination of two words

‘ad’ (forwards) and ‘alter’ (other)37. Adultery is defined as a consensual intercourse

between a man (married or unmarried) and a married woman without the consent or

convenience of the husband as an offence of adultery under section 497 of the Indian

Penal Code, which is a replica of common law general application that adultery is

defined as a consensual intercourse between a man (married or unmarried) and a

married woman without the consent or convenience of the husband as an offence of

adultery. Illicit sex is considered an offense against the sacred matrimonial

connection, hence the laws provide for punishment for those who interfere with the

sacred link of marriage.38 It is widely acknowledged and assumed that the guy is

always the woman's seducer, and it is regarded as an antisocial and unlawful

behavior by any peace-loving and morally upright citizen who would not tolerate

anyone who engages in the act.39

36
E.I. Nwogogu, Family Law in Nigeria (Heinaman 1974).
37
Gausapalli Appalamma v. Gantapali Yeliayya (1897) ILR 20 Mad 470.
38
Hari Singh Gour, Penal Laws of India, 11th Edition.
39
Advocate Khoj, GD Goenka University and Hindustan Institute of Technology & Science,
‘Adultery Divorce’ available at www.advocatekhoj.com/library. accessed on the 13th December,
2020.
25
Under common law, fornication is defined as unlawful sexual intercourse between a

married woman and a man, regardless of his mental state. 40. Almost every faith

forbids it and considers it an unforgivable sin.41

40
Ibid.
41
Ibid.
26