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 to the private part of the prosecutrix or any other part of her body: Poopola v. The State.
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