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Pragmatic, reserved and a deep thinker who loves family, sports especially football where am married to two wives: the first, AC Milan who has my loyalty and the second wife, Manchester United who has all my undying love and pampering, lifestyle and society parties. Need I say the law is more than a profession but a lifestyle for me.

Adekanye Adeyinka Olajide.

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You are here: Home / RAPE: THE REAL CRIME; A DEATH BADGE

RAPE: THE REAL CRIME; A DEATH BADGE

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This piece bothers on a rather sensitive issue RAPE which our society seems to be treating like water under the bridge. Tonight I take a stand and a position so vehemently in the light of roaring events relating to this germane issue. Disregarding all sense of caution and consideration.

I would hence like to give us all a legal definition of RAPE as recognised by statutes so as to give a background idea of it all firstly and then, subsequently go on to pour out my rage on these inhuman offenders who torture these weak victims.

Rape as an offence is generally provided for in section 357 of the Nigerian Criminal Code Act, CAP 77, LFN 1990 defines rape thus:

“Any person who has 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 false threats or intimidation of any kind, or by fear of harm, or by means of false or fraudulent representation as to the nature of the act, or in case of a married woman, by personating her husband is guilty of an offence called rape”.

In chapter 25 of LexixNexix Rape is provided thus:
Second 25.01
   General Principles

[A]  Common law – Generally speaking, sexual intercourse by a male with a female not his wife, constitutes rape if it is committed:

 1.)forcibly
 2.)by means of deception;
 3.)while the female is asleep or unconscious; or
 4.)under circumstances in which the female is not competent to give consent (e.g., she is drugged, mentally disabled, or underage).

Rape is a general-intent offence. As such, a defendant is guilty of rape if he possessed a morally blame worthy state of mind regarding the female’s lack of consent.

[B] Traditional Statutory Law – Traditional rape statutes define the offence as sexual intercourse achieved "forcibly," "against the will" of the female, or "without her consent." Like the common law, such statutes are gender-specific, i.e., only males are legally capable of perpetrating the offence, and only females can legally be victims of the crime.

[C]  Modern Statutory Law – Many states now extend the law to specified forms of non-forcible, but non consensual, sexual intercourse, e.g., sexual intercourse by a male with an unconscious or drugged female.  Increasingly, rape is now defined in gender-neutral terms regarding both the perpetrator and the victim. In the most reformed statutes, the offence has been broadened to include all forms of sexual penetration; the name of the crime has been changed (e.g., "criminal sexual conduct" or "sexual assault") and the offence is divided into degrees.

[D]  Model Penal Code – A male is guilty of rape if, acting purposely, knowingly, or recklessly regarding each of the material elements of the offence, he has sexual intercourse with a female under any of the following circumstances:

 1.)the female is less than 10 years of age;
 2.)the female is unconscious;
 3.)he compels the female to submit by force or by threatening her or another person with imminent death, grievous bodily harm, extreme pain or kidnapping; or
 4.)he administers or employs drugs or intoxicants in a manner that substantially impairs the female’s ability to appraise or control her conduct. [MPC § 213.1(1)]

Second 25.02
  "Forcible"

The traditional common law rule requires proof that both the female did not consent to the intercourse and that the sexual act was "by force" or "against her will" ("resistance" requirement).  Generally speaking, non-consensual intercourse is "forcible" if the male uses or threatens to use force likely to cause serious bodily harm to the female or, possibly, a third person.  Intercourse secured by a non-physical threat does not constitute forcible rape at common law.

A minority of jurisdictions by statute or common law interpretation have abolished the resistance requirement.  Where state have retained the resistance requirement, the trend is to reduce the significance of the rule by lowering the barrier, typically requiring only that the alleged victim asserted a degree of resistance that was reasonable under the circumstances or that was sufficient to indicate that the sexual intercourse was without consent.

An extreme minority approach, applied at least in New Jersey, is that a male can be convicted for forcible rape based solely on the lack of permission for the sexual intercourse. [State in the Interest of M.T.S., 609 A.2d 1266 (1992)]

Not to bore you with the legal intricacies and technicalities I'd like to go straight into the purpose of this article haven given you a rather sound background to the definitions of rape together with statutory provisions highlighting it as a grievous offence. Less I deviate, the essence is to show my absolute displeasure and anguish at this rather desperate and heinous crime one so closely related to a mutiny and tantamount to murder in my mind. As a matter of fact am of the opinion that offenders should be put to death. Rape should carry the death sentence with no option of appeal once the circumstances of the case reveals or establishes that the accused is guilty.

I know many of you will be perplexed as to my stance barring all biases. But if any of you has been privy to be close to a rape victim and the trauma which is devastating to say the least. The psychological effect of this brutality and premeditated crime is not an experience I'd wish even for the most callous of men! Apart from the stigmatising victims suffer, the emotional drain on them is too much of a burden to bear. No matter what excuses or sexual innuendos ladies might flaunt at men(more often, perfectly innocent), it is no justifiable reason to conceive canal knowledge of any lady be it underage or of full age as to descend so low to forcefully or by way of deceit have sex with a woman.

The more recent trend adopted by men is to drug innocent girls who pay them visits and subsequently take turns on her. And sadly in most cases, do so unprotected. Numerous girls have had to cope even with domestic rape. In this instance the accused is a familiar face even in some cases a family member or helper employed. And in a society like ours where women are relegated to the background and subsequently, their stories not being told. As they are made to feel it is a taboo to speak out as it will desecrate the family name.

I have however been opportune to hear a few of rape victims story and even some that escaped by whiskers. A rather provocative one is an innocent virgin accosted by a "street uncle" who borrowed a magazine from an eighteen year old and upon failing to return it, lured her into coming to pick it up in his home. The girl naïve as it were obliged and after entering his house, dogs were let loose without her knowing. The supposed university graduate attempted to force himself on her by some luck she escaped only to get to the door and meet wild dogs causing her to run back. The man had regained some strength and eventually had his way. The innocent girl narrated her gory story with hatred in her heart and a resolve never to trust men. I encouraged her to let her parents know, get tested and have the man arrested. The rest they say is history.

Another rather disturbing story is the one of an eight year old who was abused by their maid for six long years without the knowledge of anyone. This events still hurt her memory today and she confessed to not knowing how to go about it but that she was aware it was wrong for her to be involved with such act at that age. The maid often made her watch pornographic movies when they are alone and made her do all that she could see at that tender age.

One that escaped by whiskers was an Olabisi Onabanjo University girl who was almost raped by a bike man carrying her to an agreed destination only to make a detour. After much struggle, the girl found a stone to hit him with.

For me it is not the act itself that should be punished but the rather ordeal these victims are made to go through and the possibility of a wound which might never heal. Thus is my opinion, if the offence carries a death badge as punitive measures and scapegoats are used as a deterrent, the society will be ridden of this ugly menace.

- Adekanye Adeyinka Olajide.