In Nigeria, laws such as the Criminal Code, Penal Code, Child Rights Act, Criminal Law of Lagos State, Violence Against Persons Prohibition Act, all criminalise rape.
The Criminal Code which is generally applicable in all the Southern states (South-east, South-west, South-south), defines rape as the unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or in the case of a married woman by personating her husband.
The Penal Code which is generally applicable in the Northern states (North-east, North-west, North central), defines rape as sexual intercourse with a woman against her will or without her consent, or with her consent when her consent is obtained by putting her in fear of death or hurt, or when the man knows that he is not her husband but obtains her consent because he makes her to believe that he is her husband, or with or without her consent when she is under fourteen years or of unsound mind.
Under the Violence Against Persons Prohibition Act which has been adopted in states like FCT, Anambra, Ebonyi and Oyo, a person commits rape if he/she intentionally penetrates the vagina, anus, or mouth of another person with any other part of his/her body or anything else without consent or the consent is obtained by force.
Under the Criminal Law of Lagos State, rape is defined as unlawful sexual intercourse with a woman or girl without her consent, or with her consent if it was gotten 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.
The Child Rights Act declares sexual acts with anyone below the age of eighteen as rape. Irrespective of whether there was consent.
The punishment for rape in the South and FCT is life imprisonment while the punishment for attempted rape is imprisonment for 14 years. In the North, punishment for rape is an imprisonment term of up to 14 years.
Consequently:
Sexual intercourse with a woman without her consent is RAPE.
Sexual intercourse with a woman who has been drugged or incapacitated, is RAPE.
Sexual intercourse with a person who has an intellectual/mental disability is RAPE.
Sexual intercourse with a person who is below the age of eighteen is RAPE.
The conduct or dressing of a woman or girl, is insignificant.
How deep the penetration was, is insignificant.
Whether or not there was ejaculation of semen, is insignificant.
The slightest penetration is sufficient to constitute the sexual intercourse necessary to the offence of RAPE.
Rape is taken per instance. As such, the fact that a woman said yes at a particular time to an individual, does not mean that her consent is for other times.
NO ALWAYS means NO.
Rape is ALWAYS the fault of the RAPIST!
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