Jun 30, 2014

RAPE IN LAGOS STATE IS LIFE IMPRISONMENT

Credits: Google


As a lawyer and blogger, I come across many reports bothering on sexual crimes. I bet you have as well. I particularly remember the shocking news out of India when four men raped and killed a lady who commuted in the same vehicle with them. Don’t push your nose up just yet at the Indians; we both know such similar stories come out of your city or communities as well. Sexual crimes are a universal problem which the courts and law enforcement agencies come across almost daily, I wonder why we have so many perverts and sexual predators people committing such crimes in today’s society.


In Lagos State,Nigeria, the Criminal Code Law (2011) in Section 258 (1) provides that “any man who has unlawful sexual intercourse with a woman or girl, without her consent, is guilty of the offence of rape and liable to imprisonment for life”. A life time in prison is a long time to rot cool off in jail because you can’t zip up   control your sexual urges. Plus, it’s important to identify that fine line between seduction and attempted rape, the law further states in Subsection (2) that “a woman or girl does not consent to sexual intercourse if she submits to the act by reason of force, impersonation, threat or intimidation of any kind, fear of harm or false or fraudulent representation as to the nature of the act”. I wonder if religious leaders who cajole their followers to have sexual intercourse come under this head, what do you think?
Credits: Vanguardngr.com

Sexual intercourse between a man and a woman who are married is not unlawful and sexual intercourse is complete on the slightest penetration of the vagina or any other part for that matter as seen in Section 259 which says “any person who penetrates sexually the anus, vagina, mouth or any other opening in the body of another person with a part of his body or anything else, without the consent of the person is guilty of a felony and liable to imprisonment for life”. Wow, like I earlier stated, life in jail is a long time for a crime that takes less than a few minutes to execute, in my opinion, it’s definitely not worth it, even an attempt to sexually assault or rape is a felony liable to imprisonment for fourteen (14) years, I bet you don’t want that either.

Sexual Harassment is a big thing that could get you a 3 year jail term in Lagos State, you cannot even touch another person sexually without their consent or you could be liable to imprisonment for three (3) years, that means squeezing the yansh grabbing a co-worker or passerby in a sexual manner without their consent is not a good idea either (S. 261(1)).

“Sexual harassment is unwelcome sexual advances, request for sexual favours, and other visual, verbal or physical conduct of a sexual nature which when submitted to or rejected–
(a) implicitly or explicitly affects a person’s employment or educational opportunity or unreasonably interferes with the person’s work or educational performance;
(b) implicitly or explicitly suggests that submission to or rejection of the conduct will be a factor in academic or employment decisions; or
(c) creates an intimidating, hostile or offensive learning or working environment”.

A person consents if he agrees by choice and has the freedom and capacity to make and communicate that choice. In determining whether a person charged had reasonable grounds for believing that another person consented, the court shall have regard to all the circumstances, including any steps taken by the defendant to ascertain whether the woman or girl consented. So when a girl says no, she means no. You may ask how can one tell if she’s saying no but means yes, well, except she is saying no and putting your penis into her vagina if she implies yes by her other actions or speech, that will be a question for the court to decide.  

Credits: connectnigeria.com

Bestiality is another ball game, meaning to fuck an animal to have sexual relations with an animal is a no-no, any person who has sexual intercourse with an animal is guilty of a
felony, and is liable to imprisonment for three (3) years (S.265).

Adedunmade Onibokun, Esq
@adedunmade


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