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Overview of the Offence of Rape under Nigerian Law



1.   Meaning

The offence of rape is the 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. It may be stated differently by saying that rape means forcible sexual intercourse with a girl or woman without her giving her consent to it.

A man is said to have committed rape if he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it; and at the time, he knows that she does not consent to the intercourse or he is reckless as to whether she consents to it. Even, when consent is obtained by force or threat 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, the offence can be committed.

2.   Ingredients

The prosecution must prove the following in order to succeed on a charge of rape. First, the evidence of the victim or prosecutrix must be corroborated in some material particular that sexual intercourse did take place and that it was without her consent. Second, penetration, which is the most essential ingredient, must be proved. Sexual intercourse is complete upon proof of penetration of the penis into the vagina. Emission is not a necessary requirement. Any or even the slightest penetration will be sufficient to constitute the act of sexual intercourse. Proof of the rupture of the hymen in the case of a virgin is unnecessary to establish the offence of rape, provided that penetration is proved. Third, there must be evidence of corroboration which could come from accused himself. Medical report will only be relevant proof if there was denial of the offence by the accused, which prevailing circumstances have not supported. Once, there is denial, the court is encouraged to look for a medical report showing injury tthe private part of the prosecutrix or any other part of her body: Poopola v. The State.

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