AN APPRAISAL OF SEXUAL OFFENCES UNDER NIGERIAN CRIMINAL LAW

ASIKA, CONDOLEEZA ULOAKU (2026) AN APPRAISAL OF SEXUAL OFFENCES UNDER NIGERIAN CRIMINAL LAW. Other thesis, GODFREY OKOYE UNIVERSITY.

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Abstract

ABSTRACT This research critically examines sexual offences and the defences available to accused persons under Nigerian Criminal Code Act, Penal Code Act, Violence Against Persons (Prohibition) Act, and relevant judicial authorities. The study explores the legal framework governing offences such as rape, defilement, incest, indecent assault, unnatural offences, and acts of gross indecency, while analysing the extent to which existing laws effectively balance victim protection with the constitutional rights of accused persons. Adopting a doctrinal research methodology, the study relies on primary and secondary sources including statutes, judicial decisions, textbooks, journal articles and scholarly opinions. It examines major defences available in sexual offence trials, including mistake of fact, consent, insanity, intoxication, duress, necessity, alibi, and other procedural safeguards. Specific attention is given to the judicial interpretation of these defences and the evidentiary challenges surrounding their application.It was discovered that although Nigerian law has made significant progress through reforms such as the Violence Against Persons (Prohibition) Act, several provisions within the Criminal Code and Penal Code remain outdated and inconsistent with modern human rights standards. The study further reveals the certain traditional doctrines, including the marital rape exemption and strict evidentiary requirements, continue to hinder effective justice delivery in sexual offence prosecutions. While the law seeks to protect victims of sexual violence, the operation of some defences and procedural barriers often creates tension between fairness to the accused and adequate protection for complainants. The study concludes that there is a pressing needfor legislative and judicial reforms aimed at modernising sexual offence laws, clarifying the scope of available defences, strengthening victim protection mechanisms, and ensuring compliance with constitutional and international human rights standards.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: MABEL AMAECHI
Date Deposited: 30 Oct 2026 12:25
Last Modified: 30 Oct 2026 12:46
URI: http://eprints.gouni.edu.ng/id/eprint/6359

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