By Janet Abakpa
Following the recent public outcry at the rampant spread of rape and other forms of sexual violence in Nigeria, the Justice Vault Foundation anchored a Webinar centred on the above topic. Justice Vault Foundation was founded by Ifeoma Ben, a Lawyer and Founding Partner of Eminence Solicitors and also the Founder of Legal Business Network.
The distinguished guests who facilitated this Webinar include: Mrs Titilola Akinlawon SAN, (Founding Partner, Akinlawon & Ajomo), Mr Patrick Okonjo (Partner, Okojo, Odiawa & Ebie) Mrs Adaku Mbama (Partner, Candour Attorneys) and Mrs Ijeoma Nwafor, a Country representative of the Hague Institute for Innovation of Law (HiiL)
Sexual violence is not peculiar to Nigeria only. It is a global issue that needs urgent attention. Sexual violence has a profound impact on both the victim’s physical and mental wellbeing such as self-harm, depression, flashbacks, suicidal and post-traumatic stress disorder.
At this juncture, it is pertinent to debunk the popular opinion that sexual violence has to do with rape only whereas, in reality, acts such as masturbation in public places, vulgar remarks, groping can also constitute sexual violence hence the definition given by the World Health Organization (W.H.O): Sexual violence is defined as any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.
Different countries of the world have their respective laws on rape and sexual violence. In Nigeria, there are certain laws prohibiting rape and sexual violence. For example, The Criminal Law of Lagos State, applicable only in Lagos state, the Child Rights Act which is only applicable in the states that have domesticated it. We also have the Violence Against Persons (Prohibition) Act, applicable in FCT, Abuja.
Under the Criminal Law of Lagos State: Any man who has unlawful sexual intercourse with a woman or girl without her consent is guilty of the offence of rape and is liable on conviction to imprisonment for life.
Globally, there are several types of rape which include; penetrative rape, statutory rape, marital rape, date rape, gang rape and even incest rape. However, the Nigerian laws do not recognize marital rape and incest rape (including the other types listed excluding penetrative rape which is by far the most common). There is obviously a loophole in the provisions of the law because in reality there are cases where married women are being sexually assaulted by their husbands and where girls are being raped by their own fathers who ought to protect them.
Our laws have become somewhat obsolete to keep pace with the rest of the world in these changing times. For instance, men are becoming victims of rape and sexual assault although the cases are very few compared to women. The law is couched in such a way that it is believed that women are always the victims of rape or sexual assault. While this is also true, it is needless to say that biologically and physiologically the male gender is deemed stronger than the female gender. Traditionally, some men believe that their existence hinges on their ability to exert dominance over women through rape, sexual harassment, defilement, sexual exploitation, groping et cetera.
Recommendations and solutions were proffered towards the end of the Webinar which shall be briefly discussed.
Firstly, a radical overhauling of the justice system is necessary for combating sexual violence in our society. As stated above, our laws are somewhat outdated. Our laws need to be amended to spell out stiffer penalties to the offenders and serve as a deterrent. There had been numerous cases where offenders go scot-free without facing the wrath of the law hence there is a need for legal reform.
Victims are shunned from speaking out for fear of stigmatization etched on them and society blames them for the offence instead of the offender. As if that were not enough, the corrupt Police Force contributes to the problem by extortion, passing derogatory remarks to the victim and needless to say, there have been reports by victims being raped by Policemen. Appallingly bad as this may sound, it is sadly true that the Police Force which ought to protect us are the ones perpetrating the act! Thus, a radical transformation of the Police Force cannot be overemphasized.
There should be adequate centres for the provision of health-care, counselling, therapy and psychological support services for victims of sexual assault or violence. Advanced countries rely on forensic technology in battling sexual violence whereas, in Nigeria, we rely on the confessional statement of the Defendant which does little to bring the perpetrators to book hence the lack of trust in the judicial system by victims. Therefore, adequate forensic and other vital facilities should be greatly improved to fight this cause. Organisations such as MIRABEL Centre provides support to victims of sexual assault in Nigeria and that is highly commendable.
Research has revealed the importance of education and awareness. There should be nurturing with better and more gender-balanced parenting to prevent sexual violence. Parents should also train their male children towards respecting the female folk as the lack of parental guidance can also contribute to an increase in the rate of sexual violence. Awareness should be created through seminars, social media, schools, place of work, market places et cetera. Sensitizing the public can provoke discussions, debate, and protests which can go a long way in curbing this menace, at least to a greater proportion.
In conclusion, applying these methods discussed above will definitely go a long way in curbing and uprooting this canker worm called sexual violence in our society and thus, guarantee an environment where people can live in harmony without fear.