Nkolo, Ezechi Cyril (2020) The Offence of Rape Under the Nigerian Criminal Jurisprudence: An Appraisal. Journal of Contemporary Legal Allied Issues, 1 (1). pp. 125-155.
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Abstract
Man is naturally and ordinarily selfish. Consequently, man is moved to action by his appetites, desires, and passions. In order to stem the selfishness of man and to protect the society and the dignity of the female folk, the offence of rape was criminalized and punishment prescribed to serve as deterrence as well as to protect the society. Accordingly, the offence of rape is criminalized in Nigeria with the corresponding punishment / sanctions. This article appraises the existing legal framework on rape with a review to ascertain its adequacy or otherwise in addressing this social ill. The paper demonstrates that the meaning/scope of offence of rape in Nigeria is very parochial vis-à-vis other jurisdictions and needs to be revisited. The paper also shows that spousal rape has no place under the Nigerian Law and this is a very big lacuna and infringement on the fundamental rights of women. The ingredients/requirements which must be proved to establish the offence of rape appears cumbersome and complex. However, the punishment section of rape under the Criminal Code Act is highly commendable and the life imprisonment as provided by the code should be a mandatory sentence given the evil effect of rape and should not be left to the discretion of the Judges.
| Item Type: | Article |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Humanities |
| Depositing User: | Uchenna Eneogwe |
| Date Deposited: | 02 Jun 2025 09:15 |
| Last Modified: | 02 Jun 2025 09:15 |
| URI: | http://eprints.gouni.edu.ng/id/eprint/4716 |
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