Apr 21, 2016

What do you think about this discriminatory law?

There is a provision of the Criminal Code that I believe may be construed as discriminatory to women but I want to seek your opinions so together we may rightly define if the law really does cross the line of discrimination.

Over time, I have always believed that the law favoured women over men but that’s quite understandable, women being the fairer sex deserve the protection right? But what happens when it’s the other way around. This is what this law seems to be doing.

What will you call a law that provides a stringent penalty for an offence when it is committed against a male, but provides a more lesser sentence when committed against a female?

What will you call a law that describes the same act in two ways, it is a misdemeanour when a female is the victim but it is a felony when a male is the victim. Maybe you can help shed some light on the intentions of the drafters of this law, maybe there is something I am missing. Here it goes;

Section 353, Criminal Code Act, CAP. C38, LFN 2004 provides that:
“Any person who unlawfully and indecently assaults any male person is guilty of a felony and is liable to imprisonment for three years. The offender cannot be arrested without warrant.”

While Section 360, Criminal Code Act, CAP C38, LFN 2004 provides that:
“Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanour, and is liable to imprisonment for two years.”

The law says the penalty for assaulting a male person is imprisonment for three years but that same act committed against a female person attracts a penalty of two years in prison. Why?

Do you agree that it smirks of some discrimination; I would have thought that assaulting a female should have the stiffer punishment.

Kindly share your thoughts on the subject matter and let us know what you think.


Adedunmade Onibokun


Photo Credit - www.myfloridalaw.com 

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Disclaimer:- Posts and comments by the publishers of this blog do not constitute legal advice or create an attorney-client relationship.

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