Understanding Nigerian rape laws – Why enforcement, justice have gaps

By Catherine Egwuom, News Agency of Nigeria (NAN)

Rape remains one of the gravest violations of human rights. Beyond the physical injuries, survivors often endure psychological trauma, social isolation and prolonged legal battles.

Although Nigeria has strengthened its legal framework over the years, many stakeholders say implementation remains the greatest obstacle.

Some of the enacted laws prescribe life imprisonment for rape and guaranteeing broad protections for survivors.

Yet, delayed reporting, weak enforcement, inadequate forensic facilities, judicial delays and persistent stigma continue to deny many victims timely justice.

Nevertheless, the country’s legal framework comprises the Criminal Code Act, applicable in Southern Nigeria, the Penal Code Act, applicable in Northern Nigeria, and the Violence Against Persons (Prohibition) (VAPP) Act, 2015.

The VAPP Act has general application and has been domesticated by laws in several states across Nigeria.

Under Section 357 of the Criminal Code Act, rape is defined as unlawful carnal knowledge of a woman or girl without her consent.

The law also covers situations where consent is obtained through force or, in the case of a married woman, by impersonating her husband.

Section 358 prescribes life imprisonment, with or without caning, for convicted offenders.

Attempted rape attracts 14 years imprisonment, with or without caning.

Similarly, Section 282 of the Penal Code defines rape as sexual intercourse with a woman against her will or without her consent.

It also applies where consent is obtained through fear of death, injury or impersonation of a lawful husband.

The law further protects girls below 14 years and persons of unsound mind, regardless of consent.

Sections 282 and 283 prescribe life imprisonment while making offenders liable to a fine.

The VAPP Act, 2015, expanded the legal definition of rape and strengthened penalties.

Section 1 defines rape as intentional penetration of another person’s vagina, anus or mouth with any body part or object without consent.

The Act also recognises consent obtained through force, threats, fraudulent misrepresentation, intoxicating substances or impersonation of a spouse.

Section 2 prescribes life imprisonment for rape, while offenders below 14 years face a maximum punishment of 14 years imprisonment.

Legal experts believe the legislation represents significant progress.

However, they insist effective enforcement remains the real test.

In his submission, Mr Chukwuemeka Dike, a Barrister and Tech, Privacy and Human Rights Advocate, described the VAPP Act as a major milestone.

Dike said the law strengthened justice for rape survivors while ensuring appropriate punishment for offenders.

He noted that, as of 2022, 34 states, including the Federal Capital Territory, had domesticated the VAPP Act.

According to him, delayed reporting remains one of the greatest challenges affecting prosecution.

He urged survivors to report immediately to the Police while seeking prompt medical examination.

Dike said early reporting preserves semen, photographs, crime scene evidence and instruments used during penetration.

He explained such evidence remains critical in establishing penetration during prosecution.

According to him, delayed reporting weakens cases before the Police and the Ministry of Justice.

Dike also identified inadequate enforcement mechanisms as another major challenge.

“Successful rape prosecution depends heavily on medical and forensic evidence.

“Many states still lack sexual assault centres, DNA laboratories and trained personnel capable of collecting evidence within 72 hours”, Dike said.

He attributed part of the problem to inadequate funding.

According to him, insufficient resources limit the Police’s ability to establish specialised gender units for rape investigations.

He added that existing units also require adequate funding for specialised training.

Judicial delays also continue to frustrate survivors.

Dike said Nigerian courts were overwhelmed with numerous pending cases.

He noted that the absence of specialised Gender-Based Violence courts contributes to repeated adjournments.

According to him, defence tactics often prolong proceedings and discourage survivors from pursuing justice.

He also identified proving lack of consent as another major burden for prosecutors.

Beyond legal hurdles, socio-cultural barriers also remain widespread.

Dike said many survivors feared stigma, public shame and even death, particularly in rural communities.

He observed that victim-blaming persists among enforcement agencies, families and communities.

According to him, survivors are sometimes questioned about their clothing instead of receiving justice.

He added that pressure from relatives, religious leaders and community leaders discourages reporting.

Influential suspects, he said, sometimes pressure victims into withdrawing complaints or persuade families not to report cases.

In spite of these challenges, Dike maintained that Nigerian law provided adequate punishment for rape offenders.

He described rape as a felony attracting life imprisonment because of its gravity.

According to him, Section 2 of the VAPP Act adequately addresses different categories of offenders.

He also highlighted extensive rights available to survivors.

According to him, survivors are entitled to medical, psychological, social and legal assistance.

They are also entitled to compensation, rehabilitation and reintegration programmes.

He said survivors had the right to vocational training, formal education and access to micro-credit facilities.

According to him, Sections 38 and 39 of the VAPP Act guarantee privacy and protection of survivors’ identities.

To strengthen justice delivery, Dike recommended in-camera hearings and video testimony.

He said such measures protect survivors from intimidation, particularly minors and victims confronting influential suspects.

He also advocated specialised Gender-Based Violence courts staffed by judges trained in trauma, consent and the VAPP Act.

According to him, courts should reject questions intended to stigmatise survivors.

He further recommended immediate police protection throughout investigations and trial.

Dike called for full domestication and implementation of the VAPP Act nationwide.

He urged harmonisation of state laws governing rape offences.

He advocated mandatory institutional reporting backed by sanctions for non-compliance.

He also recommended survivor protection through relocation, pseudonyms, identity protection and witness security.

According to him, governments should establish medical rape centres, forensic laboratories, digital case-tracking systems and free legal aid clinics.

The advocate also warned against harassment of rape survivors.

He said the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015 prohibits cyberstalking and cyberbullying.

According to him, Section 24 prescribes up to three years imprisonment, a N7 million fine or both.

He added that Section 14 of the VAPP Act criminalises emotional, verbal and psychological abuse.

According to him, offenders are liable to one year imprisonment, a fine not exceeding N200,000 or both.

Dike further noted that the Child Rights Act provides additional protection for child survivors.

He said Sections 2, 3 and 41 to 44 prohibit sharing videos, sexualised comments, identifying information and victim-blaming content involving child survivors.

The law also prohibits coordinated online campaigns intended to intimidate child survivors.

Sharing similar sentiments, a human rights activist, Mr Shalom Olaseni, also believes social attitudes continue to silence survivors.

Olaseni, Chairman, United Global Resolve for Peace, said stigmatization prevents many victims from speaking out and accessing needed support.

He said survivors often remain silent because they feel ashamed, unworthy and fear rejection.

“Communities should establish support systems where survivors can speak without fear of discrimination or judgment.

“Interaction with others who have experienced similar situations helps emotional healing and confidence”,he said.

Olaseni urged government to ensure diligent prosecution of rape offenders.

He said failure to enforce existing laws encourages sexual violence.

According to him, rape attracts penalties ranging from lengthy prison terms to life imprisonment.

He stressed that enforcement remains the responsibility of law enforcement agencies.

Olaseni also urged investigators to conduct thorough and impartial investigations.

He described rape cases as highly sensitive and warned against false accusations.

Deserving no less attention, parents also called for stronger action.

Mrs Rosemary Anokwute, a civil servant and mother of three, urged parents to believe children reporting rape or sexual abuse.

She said silence often protects offenders.

Anokwute urged immediate reporting to improve access to medical care and justice.

Mr Christian Nze, an engineer, said fear of stigma discourages many families from reporting sexual abuse.

He urged communities to support survivors instead of blaming them.

Nze also called for tougher penalties and swift prosecution to deter offenders.

Mrs Ngozi Eze, a businesswoman, urged parents to educate children on personal safety.

She encouraged children to speak freely whenever they feel threatened or uncomfortable.

Eze also urged schools to strengthen child protection policies and promptly report suspected abuse.

Mrs Faith Udo, a nurse, said survivors require compassion, counselling and medical attention.

She urged families to prioritise recovery instead of protecting perpetrators.

Mr Anthony Ikechukwu, an accountant, advised parents to closely monitor children’s behaviour.

He noted that sudden fear, withdrawal or anxiety could indicate sexual abuse.

All in all, stakeholders agree that Nigeria possesses strong rape laws, including prescribing stiff penalties, but justice remains elusive amid enforcement gaps.

However, they insist that effective enforcement, survivor protection, improved forensic capacity, speedy trials and an end to stigma remain essential if the promise of justice is to become reality

.(NANFeatures)