INTRODUCTION

For a society which has adopted the draconian act of rape as a culture, attempts to abolish the phenomenon are suppressed, trivialized and dismissed. Nevertheless, the global community still decry this act, labelling it “a crime against humanity” which should be brought to an end[1]. This article is yet another attempt at stifling the perpetuation of this act. It seeks to achieve its goal through a conceptual clarification of the term “rape”, it’s individual and societal effects and most importantly, feasible solutions to the rape crisis endemic to Nigeria. Without much ado, we delve into the thrust of this article.

Being a concept with legal implications, there are no better documents to consult for clarification other than the revered laws in Nigeria. To this end, a lucid definition is deduced from the Criminal Code of Nigeria which defined 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 through threat or intimidation of any kind, or by fear of harm, or using false or fraudulent representation as to the nature of the act, or in the case of a married woman, by personating her husband, is guilty of an offence which is called rape. [2]

Rape is a criminal offence in Nigeria which carries a punishment of “life imprisonment with or without caning” according to Section 358 of the Criminal Code.[3] Despite this weighty, fear-arousing sentence, rape still occurs at an alarming rate.[4] This observation is attributable to the fallible justice system operational in Nigeria, a system that gives incentives to rapists instead of delivering justice. Perpetrators of this heinous crime intensify their handiwork with the conviction that they are not restricted within the confines of the law. The fact that rape cases are under-reported also accounts for its increase.[5]

EFFECTS OF RAPE ON THE VICTIM AND SOCIETY

1. Physical Effects

The dragoon nature of rape is one that leaves behind serious bruises, scars and injuries to the victim’s genitalia as well as other body parts. The individual suffers painful intercourse, urinary infection, bludgeons, stabs and is subjected to a series of medical treatments for proper recuperation. What’s more, rapists do not use condoms or other contraceptives and this may result in pregnancy and contraction of Sexually Transmitted Diseases (STDs) like HIV, syphilis, gonorrhoea, genital warts and others.[6]

2. Psychological / Emotional Effects

Victims of rape suffer long-lasting depression, Post Traumatic Stress Disorder (PTSD), self-blame, constant mood swing, phobias, mental aberration, feelings of inferiority and unhappiness. These effects are so disastrous that they have led many victims into causing themselves severe bodily harm and committing suicide.[7]

3. Societal Effects

An animalistic act, rape is the epicentre of uncivilization, the very firmament of under development. Little wonder why, rape-bestridden nations of the world like Nigeria, are relegated, submerged and depicted as Third World Countries yet to embrace civility. This perception of Nigeria by the international community is unhealthy and will continue to lower Nigeria’s stand and authority in global affairs.

ERADICATING RAPE IN OUR SOCIETY

1. Stringent Punishments and an Incorruptible Judiciary

The punishments awardable to rape offenders should be made deserving, irrevocable and binding regardless of status. Commensurate efforts should be made by judicial officers to dispense justice under the law. The notable case of POPOOLA V STATE[8] stands as a locus classicus for justice-denied rape cases, where the convict was given a light sentence of 5 years imprisonment as against the standard sentence of life imprisonment. Poor judgments such as this give oxygen to the commission of the offence of rape in Nigeria. The judiciary should desist from meting out unnecessarily lenient and loose punishments to rapists. There should be strict adherence to the wordings of the law.

2. Destigmatizing Rape Victims

As of July 25^th, 2019, public opinion poll conducted by NOLPolls has revealed that the reason most victims of rape do not report the occurrence is “fear of stigmatization”.[9]Underreporting of rape cases is one of the major reasons the crime is at an increase and rape offenders do not face the dictates of the law. Society should obliterate the stigma attached to rape victims, victims of rape should be shown love, care and support. They should be encouraged to speak up about the wrong done to them.

3. Feminist Activism and Women’s Emancipation

Goal-driven women’s right movements should be created. Advocating for immediate solutions to the rape crisis and visible emancipation of the female gender. Women-leaders in active governance should take the lead in ensuring the safety of the female gender and a decline in rape rate. Women should be made eligible to hold influential positions in society and its diverse institutions, this will boost the self-esteem of the female gender and earn them the respect of their male counterparts.

4. Public Enlightenment

The effects of public enlightenment cannot be over-emphasized.[10] The masses should be sensitized on the rape phenomenon, it’s catastrophic effects and legal implications. Many rape offenders perpetrate the act oblivion of its legal implications, educating them in this regard will deter them from partaking in the crime. Governmental institutions, academic institutions, churches, social groups and the family should position themselves at the forefront of enlightenment on rape. This they can execute through billboards, Television / Radio programs, class sessions and interactive moments.

CONCLUSION

All hands must be on deck in giving rape a befitting burial in our land. This crime against humanity has engulfed the nation and unless there is a fundamental overhaul of the present state of affairs, Nigeria will become a global object of ridicule in piloting its affairs. Solid societal reforms must be drafted and effected to scuttle this crime. This article climaxes with an excerpt from the African Charter on Human and People’s Right which states thus:

“Every woman deserves respect for her life, integrity and security of her person”.[11]

[1] International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), Article 4 of Additional Protocol 2.

[2] Criminal Code, Laws of the Federation of Nigeria 2004, Section 357.

[3] Ibid, Section 358.

[4] Although there is an apparent dearth of comprehensive data confirming the increase of rape, individual claims and public opinion polls prove that the crime is prevalent. <https://noi-polls.com/noipolls-rape-poll-report/>. Accessed 27^th June 2020.

[5] Shayera Dark, Nigerians are Confronting an Underreported Rape Crises that’s Spiked During this Lockdown.

[6] Samantha Gluck, Effects of Rape: Psychological and Physical Effects of Rape<https://www.healthyplace.com/abuse/rape/effects-of-rape-psychological-and-physical-effects-of-rape>. Accessed 27^th June 2020.

[7] M. O. Izzi and C. Obinuchi, The Challenges of Rape Victims in Nigeria and The way Forward<https://www.researchgate.net/publication/332290886>. Accessed 27^th June 2020.

[8] (2013) 17 NWLR (pt. 1382) 96.

[9] NOIPOLLS Rape Poll Report<https://noi-polls.com/noipolls-rape-poll-report/>. Accessed 27^th June 2020.

[10] Op.Cit, M. O. Izzi and C. Obinuchi.

[11] African Charter on Human and People’s Right, Article 4.

BY STEPHEN SUNDAY CHIKAMSO

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