The worrisome incident of the rape of girls below the age of 14 is becoming rampant in Nigeria. Blessing Ukemena reports on why those that commit this crime do not face the full weight of the law.
Rape is punishable by life imprisonment, or so the law says. According to section 282 and 283 of the Penal code, any person charged with rape or attempted rape, with sufficient proof from the victim, will be given life imprisonment and a fine.
The thought of spending the rest of your life in prison should be enough to keep any sane person from committing the crime, but in fact there is a gradual increase in the reported cases of rape all over the country. The situation calls for concern as young girls under the age of 14 are the likely victims to this kind of brutality that damages both the body and the mind.
The Penal code clearly states that the act of having sexual intercourse with a girl below the age of 14, with or without her consent, is considered rape. One of such cases was that of a 10 year old school girl from Nyanya, Gwandara who was allegedly raped on 31, July 2012 in an uncompleted building.
The judge of the lower magistrate court in Maraba, Nassarawa state, Mrs. V. Ishiaku, told LEADERSHIP SUNDAY that it was hard for those accused of rape, be it against minors or adult females, to get a full sentence because many times there is no proof, and a court cannot convict without proof.
“Rape cases are under the jurisdiction of the Upper Area Court and the High court, but those who find the courage to report cases of rape do not bring sufficient proof to the court. The court cannot convict a person by mere words.
“Immediately after the incident, the victim is supposed to go the hospital and do certain tests and bring the result of the tests to the law court to prove her case, but most ladies are so traumatised that it takes some time before they get the courage to report the case, and some of them do not go for tests.”
In the Arab world, rape is punishable by death. According to a report by the UN High Commission for Refugees, marital rape in Jordan is legal, but the punishment for non-marital rape is the death penalty. This includes the rape and sodomy of a child under 15.
The International Women’s Rights Action Watch (IWRAW) observed that in the case of rape, cultural and social traditions coupled with inadequate laws inform discriminatory legal practices, and the effect of violence against a kidnapped or raped woman is exacerbated by the practice of dropping the prosecution if the perpetrator agrees to marry his victim.
The right to prosecute is re-established if he divorces her before the passage of three years of marriage without legitimate grounds, in accordance with Article 308 of the Jordanian Penal Code. The perpetrators usually agree to marry the victim to evade punishment, without the goal of building a family.
Mrs Hadiza Haruna, a project director at Women Advancement Protection told LEADERSHIP SUNDAY that the NGO was concerned with various abuses against women, and recently sent a bill to the national assembly which, when passed, will ensure the protection of the rights of women and children in the country. She hoped that the bill will be passed soon so that those perpetrating abusive acts against women and children, such as wife battery, rape and mental or physical abuse will be forced to face the music as the penalties for such acts will be enforced.
In June 2012, Nollywood celebrities staged a Walk Against Rape (WAR) in Lagos organized by Esther Ijewere Kalejaiye. She said that its aim was to “ help in encouraging victims to speak out and reduce the stigma attached to victims of sexual abuse and rape. WAR is also a platform for informing society about the soaring scourge of sexual abuse, especially as it relates to young girls and women in general.”
This kind of action is needed more often in Nigeria because, as Mrs Ishiaku stated, it seems that women are unaware of what to do to ensure that rapists are prosecuted.
Another problem for African and Nigerian women is that society frowns at rape victims instead of the rapists themselves. The girl who is known to have been raped is gossiped about and blamed in one way or the other for having allowed herself to be raped, this is mainly why most women would rather suffer in silence than speak out. Mothers of girls that have been raped also rarely take the matter to the police, reason being that they want to spare the girl the psychological trauma.
But rape victims suffer not just psychologically, but many also get pregnant, drop out of school or get infected with a sexually transmitted disease (STD).
According to Mr K. Okoro, a Barrister and a human rights campaigner in the Federal Capital Territory (FCT), there are very few reported cases of rape involving girls under 14 that he is aware of, and this could be due to the fact that the mother may silence her daughter to protect her from the social stigma.
Social, economic and security concerns is not enough reason to rape a minor or any female for that matter. Women are the back bone of society and should not be disrespected in that manner. If females are being molested without justice dealt out to the perpetrators, then what hope is there for the future?
Women need to stand up for themselves otherwise rapists will continue to escape prosecution when there is a law that can dispense due punishment, because what would be the need of a law if there is no one to make use of it?
Leadership
Rape is punishable by life imprisonment, or so the law says. According to section 282 and 283 of the Penal code, any person charged with rape or attempted rape, with sufficient proof from the victim, will be given life imprisonment and a fine.
The thought of spending the rest of your life in prison should be enough to keep any sane person from committing the crime, but in fact there is a gradual increase in the reported cases of rape all over the country. The situation calls for concern as young girls under the age of 14 are the likely victims to this kind of brutality that damages both the body and the mind.
The Penal code clearly states that the act of having sexual intercourse with a girl below the age of 14, with or without her consent, is considered rape. One of such cases was that of a 10 year old school girl from Nyanya, Gwandara who was allegedly raped on 31, July 2012 in an uncompleted building.
The judge of the lower magistrate court in Maraba, Nassarawa state, Mrs. V. Ishiaku, told LEADERSHIP SUNDAY that it was hard for those accused of rape, be it against minors or adult females, to get a full sentence because many times there is no proof, and a court cannot convict without proof.
“Rape cases are under the jurisdiction of the Upper Area Court and the High court, but those who find the courage to report cases of rape do not bring sufficient proof to the court. The court cannot convict a person by mere words.
“Immediately after the incident, the victim is supposed to go the hospital and do certain tests and bring the result of the tests to the law court to prove her case, but most ladies are so traumatised that it takes some time before they get the courage to report the case, and some of them do not go for tests.”
In the Arab world, rape is punishable by death. According to a report by the UN High Commission for Refugees, marital rape in Jordan is legal, but the punishment for non-marital rape is the death penalty. This includes the rape and sodomy of a child under 15.
The International Women’s Rights Action Watch (IWRAW) observed that in the case of rape, cultural and social traditions coupled with inadequate laws inform discriminatory legal practices, and the effect of violence against a kidnapped or raped woman is exacerbated by the practice of dropping the prosecution if the perpetrator agrees to marry his victim.
The right to prosecute is re-established if he divorces her before the passage of three years of marriage without legitimate grounds, in accordance with Article 308 of the Jordanian Penal Code. The perpetrators usually agree to marry the victim to evade punishment, without the goal of building a family.
Mrs Hadiza Haruna, a project director at Women Advancement Protection told LEADERSHIP SUNDAY that the NGO was concerned with various abuses against women, and recently sent a bill to the national assembly which, when passed, will ensure the protection of the rights of women and children in the country. She hoped that the bill will be passed soon so that those perpetrating abusive acts against women and children, such as wife battery, rape and mental or physical abuse will be forced to face the music as the penalties for such acts will be enforced.
In June 2012, Nollywood celebrities staged a Walk Against Rape (WAR) in Lagos organized by Esther Ijewere Kalejaiye. She said that its aim was to “ help in encouraging victims to speak out and reduce the stigma attached to victims of sexual abuse and rape. WAR is also a platform for informing society about the soaring scourge of sexual abuse, especially as it relates to young girls and women in general.”
This kind of action is needed more often in Nigeria because, as Mrs Ishiaku stated, it seems that women are unaware of what to do to ensure that rapists are prosecuted.
Another problem for African and Nigerian women is that society frowns at rape victims instead of the rapists themselves. The girl who is known to have been raped is gossiped about and blamed in one way or the other for having allowed herself to be raped, this is mainly why most women would rather suffer in silence than speak out. Mothers of girls that have been raped also rarely take the matter to the police, reason being that they want to spare the girl the psychological trauma.
But rape victims suffer not just psychologically, but many also get pregnant, drop out of school or get infected with a sexually transmitted disease (STD).
According to Mr K. Okoro, a Barrister and a human rights campaigner in the Federal Capital Territory (FCT), there are very few reported cases of rape involving girls under 14 that he is aware of, and this could be due to the fact that the mother may silence her daughter to protect her from the social stigma.
Social, economic and security concerns is not enough reason to rape a minor or any female for that matter. Women are the back bone of society and should not be disrespected in that manner. If females are being molested without justice dealt out to the perpetrators, then what hope is there for the future?
Women need to stand up for themselves otherwise rapists will continue to escape prosecution when there is a law that can dispense due punishment, because what would be the need of a law if there is no one to make use of it?
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