Taking a look at the increase in rape cases, we have decided to dedicate this week's edition of Law Matters to women who were/are assaulted, most especially Rape cases. Our able consultant has taken pains to elucidate some key scenerios and the law provided for such. So to all female genders out there, most especially in Nigeria, worry less, because the LAW has got your back..
The following scenarios are meant to show but few not all the
assaults that could be committed by men against women.
SCENARIO 1
It’s been a long week for John, finally it’s TGIF and he can’t wait to get out of his work routine and meet up with Bisi, a very beautiful girl he just met at the mall the previous week, they had exchanged text messages and phone calls for the past week and it just seemed like an eternity before their date at 5pm. John was turned up and excited at the thought of dining with Bisi and he hoped to invite her to his apartment later on in the night.
SCENARIO 1
It’s been a long week for John, finally it’s TGIF and he can’t wait to get out of his work routine and meet up with Bisi, a very beautiful girl he just met at the mall the previous week, they had exchanged text messages and phone calls for the past week and it just seemed like an eternity before their date at 5pm. John was turned up and excited at the thought of dining with Bisi and he hoped to invite her to his apartment later on in the night.
Finally, its 10pm, after a lovely meal at the Chinese restaurant
in Ikeja G.R.A, Bisi and John are sitting on his couch paying little attention
to the News on Channels tv and finally John makes his move, he tries to kiss
Bisi but she refuses and playfully pushes him away. John who does not intend to
take no for answer holds Bisi down and begins to touch her. Bisi is scared at
this point and shouts for John to leave her alone, John pays no heed to her
calls for freedom; he forces himself upon her and rapes her.
THE LAW
By provision of Chapter 30 of the Criminal Code Act, CAP C38, Laws of the Federal Republic of Nigeria, 2004; Section 357 provides that;
“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 of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of an offence which is called rape”.
By provision of Chapter 30 of the Criminal Code Act, CAP C38, Laws of the Federal Republic of Nigeria, 2004; Section 357 provides that;
“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 of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of an offence which is called rape”.
The law further provides that any person who commits the offence
of rape is liable to imprisonment for life, with or without caning while a
person who attempts to commit the offence of rape is guilty of a felony, and is
liable to imprisonment for 14 years, with or without caning.
SCENARIO 2
Chucks, Femi, Aminu and Teju are flat mates. Chucks invites a girl he met earlier over. Immediately she walks in, Chucks locks the door, Femi holds her hands, Aminu rips off her clothes and Teju covers her mouth to prevent her from screaming, they physically assault her but however do not rape her before they let her go.
Chucks, Femi, Aminu and Teju are flat mates. Chucks invites a girl he met earlier over. Immediately she walks in, Chucks locks the door, Femi holds her hands, Aminu rips off her clothes and Teju covers her mouth to prevent her from screaming, they physically assault her but however do not rape her before they let her go.
THE LAW
Section 360 of the Criminal Code Act further states that any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanor, and is liable to imprisonment for two years. Also any person who, with intent to marry or carnally know a female of any age, or to cause her to be married, or carnally known by any other person, takes her away, or detains her against her will, is guilty of a felony, and is liable to imprisonment for seven years.
Section 360 of the Criminal Code Act further states that any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanor, and is liable to imprisonment for two years. Also any person who, with intent to marry or carnally know a female of any age, or to cause her to be married, or carnally known by any other person, takes her away, or detains her against her will, is guilty of a felony, and is liable to imprisonment for seven years.
SCENARIO 3
Hakeem approaches his friend Mustapha for the hand of his 14 year old daughter, Amina in marriage but Mustapha refuses. Hakeem then lures Amina to his hotel where he hides Amina for 3 days. Mustapha is distraught at the disappearance of his daughter and after involving the police, the police discovers Amina in Hakeem’s hotel.
Hakeem approaches his friend Mustapha for the hand of his 14 year old daughter, Amina in marriage but Mustapha refuses. Hakeem then lures Amina to his hotel where he hides Amina for 3 days. Mustapha is distraught at the disappearance of his daughter and after involving the police, the police discovers Amina in Hakeem’s hotel.
THE LAW
Section 362 of the Act states that any person who unlawfully takes an unmarried girl under the age of sixteen out of the protection of her parents or guardians against the will of such parents will be guilty of a misdemeanor, and is liable to imprisonment for two years. It is immaterial if the offender believed the girl to be above the age of sixteen or if the girl was taken with her consent.
Section 362 of the Act states that any person who unlawfully takes an unmarried girl under the age of sixteen out of the protection of her parents or guardians against the will of such parents will be guilty of a misdemeanor, and is liable to imprisonment for two years. It is immaterial if the offender believed the girl to be above the age of sixteen or if the girl was taken with her consent.
It
is important that any female who has been the victim of any of the acts
mentioned above should file a complaint at the police station nearest to her in
other to ensure the prosecution of the offender. Otherwise give us a call and
you will surely get help.
No comments:
Post a Comment