• When a woman intentionally
kisses a man by forcefully putting her tongue into his mouth, it is rape
• Even a man can be raped
INTRODUCTION
Rape is one of the crimes that are
not tolerated in nations all over the world. It is a sexual violence-related
crime which is considered to be one of the most committed offences all over the
world. Of late, the crime of rape seems to be on the increase, and has
attracted much attention, globally. Following the recent case of the rape of
one Uwa in a Church in Nigeria, people have taken to the cyberspace to discuss
the issue and condemn it. While some have called for justice, others have once
again resurrected the argument of indecent dressing. The truth is that,
indecent dressing has always been the argument that follows, each time the
crime of rape is committed. Many persons, especially, females, do not seem to
agree with this perspective as some of the victims of rape were raped even as
they were seen and dressed as decent folks. It is this writer’s position that
there is no justification for rape whatsoever. A rapist is a rapist and should
be made to face the full weight of the law; however, it is also the writer’s
opinion that in as much as we are to focus on prosecuting offenders, that is to
say, rapists, we should also try to look at the causes of it. This piece is
aimed at looking at rape; its causes, and also proffer some tips to help
address the issue.
DEFINITION OF
RAPE:
The Criminal Code which covers
the Southern Part of Nigeria has defined rape under Section 357 in the
following words:
“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 by means of threat or intimidation of
any kind, or by fear of harm, or by means of false and fraudulent
misrepresentation 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”.
Furthermore, Section 6 states
that: “When the term “carnal knowledge” or the term “carnal connection” is used
in defining an offence called rape, it is implied that the offence, so far as
it regards that element of it, is complete upon penetration”. Also, the second
limb of the said section states that “unlawful carnal knowledge” means carnal
connection which takes place than between husband and wife”. This means that by
this law, a man cannot rape his wife. The man can at most be guilty of assault
if he applies force in such a manner that the woman feels battered.
Section 282 of the Penal Codes
states that: (1) “A man is said to commit rape who, except in the case referred
to in subsection (2) of this section has sexual intercourse with a woman in any
of the following circumstances – (a) against her will; (b) without her consent,
with her consent, when her consent is obtained by putting her in fear of death
or hurt; (c) with her consent, when the man knows that he is not her husband
and that her consent is given because she believes that he is another man to
whom she is or believes herself to be lawfully married; (d) with or without her
consent, when she is under fourteen years of age or of unsound mind.
By the Child Rights Act, it
becomes clearer that sexual intercourse with a child with or without consent is
unlawful sexual intercourse. Section 31 of the Act which deals with unlawful
sexual intercourse stated to the effect that: (1) no person shall have sexual,
intercourse with a child (2) person who contravenes the provisions of
subsection (1) of this section commits the offence of rape and is liable on
conviction to imprisonment for life (3) where a person is charged with an
offence under this section it is immaterial that: (a) The offender believes the
person to be of or above the age of eighteen years, or (b) The sexual
intercourse was with the consent of the child.
However, the Violence against
Persons Act, 2015 which applies to the FCT (Similar provision apply to states
that have domesticated the Act), went further to expand the crime of rape.
Section 1 of the Act provides that: (1) A person commit the offence of rape if
– (a) He or she intentionally penetrates the vagina, anus or mouth of another
person with any part of his or her body or anything else; (b) The other person
does not consent to the penetration; or (c) The consent is obtained by force or
means of threat 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 the use of
any substance or additive capable of taking away the will of such person or in
the case of a married person by impersonating his or her spouse.
Sub-section (2) provides that a
person convicted of an offence under subsection (1) of the section is liable to
imprisonment for life except: (a) where the offender is less than 14 years of
age, the offender is liable to a maximum of 14 years of imprisonment. (b) In
all other cases, to a minimum of 12 years imprisonment. (c) In the case of rape
by a group of persons, the offenders are liable jointly to a minimum of 20
years imprisonment without an option to pay fine. (3) The court shall award
appropriate compensation to the victim as it may deem fit in the circumstance.
(4) A register for convicted sexual offender shall be maintained and accessible
to the public.
The Act in Section 26 also
provides for an offence of indecent exposure. The section reads: (1) A person
who intentionally exposes his or her genital organs, or a substantial part
thereof, with the intention of causing distress to the other party or that another
person seeing it may be tempted or induced to commit an offence under this Act,
commits an offence termed “indecent exposure”. (2) A person who intentionally
exposes his or her genital organs or a substantial part thereof, and induce
another to either massage, or touch with the intention of deriving sexual
pleasure from such acts, commits an offence under this section. (3) A person
who commits an offence under this section is liable to upon conviction to a
term of imprisonment of not less than 1 year or to a fine not exceeding
N500,000 or both.
From the provision above, these
can be outlined:
A WOMAN CAN
ALSO BE GUILTY OF RAPING A MAN:
1. It is rape if a woman without
the consent of the man, intentionally or forcefully kisses him, by putting her
tongue into his mouth. The moment there is no consent, and the penetration is
forceful or with the element of threat or false representation, it is rape.
2. It is the same if she does
same to her fellow woman.
3. It is also rape if a woman
penetrates another woman’s vagina or anus with anything or any part of her body
without consent. The other elements also apply.
4. Where a woman exposes her
genital organs or any part of them and same puts a man or a woman in distress
as a result of it, the same amounts to indecent exposure. So it is a crime for
a woman to go nude in the presence of a man or another woman without consent
with the intention of putting the other person in distress, or when the same
exposes such genital parts thus tempting the other person, whether male or
female to touch same to derive sexual pleasure, a crime has been committed.
The above stated analysis
applies also to a man doing same to a woman. The point to be noted is that rape
is not just a crime committed against the female; even a man can be raped. Men
can also be victims of rape. In fact, many men have been raped without them
even being aware of it. Men have been kissed forcefully by women. So, when we
speak against rape, we should be speaking against any form of it -- whether
done by a man to a woman or vice versa.
WHY
CONSIDERING THE CAUSES OF RAPE?
More often than not, the
argument has always been on implementing the prescribed punishment for rape.
Perpetrators of this act have several times been caught and prosecuted, but
people still get involved in rape. So, while we appreciate the conventional
approach of incarceration, which is a traditional theory of punishment, it is
also necessary we consider it from the criminological point of view. It is this
writer’s position that addressing some of the factors that contribute to the
crime of rape will also help in addressing this issue. The writer is not by any
length saying that rapists are justified for committing the crime because there
are some contributory factors, the writer is only of the opinion that it is not
out of place to address some of the causes. So, what are some of the causes?
1. Drugs: Some of the rapists while engaging in the act are high on
drugs before bouncing on their victims. When they lose their minds to drugs
intake, it paves way for such acts, because at that point, they are out of
their mind. Date-rape drugs also help in making victims vulnerable to sexual
assaults. Though, not everybody who is high on drugs or addicted to drugs is a
rapist, it is unarguable that people who are sexually driven may find it
difficult controlling themselves when they are high on drugs.
2. Pornography (aka: adult video or xxx video): Exposure to
pornography goes a long way in contributing to the high rate of rape in our
society. This brings the feminist dictum to mind, "pornography is the
theory--rape is the practice" (Morgan, 1980). The article, “Pornography
and Rape: Theory and Practice? Evidence From Crime Data in Four Countries Where
Pornography Is Easily Available” by B Kutchinsky, shows the causal link between
pornography and rape, especially, aggressive pornography. Rape pornography has
to a large extent implanted the idea of rape in the minds of viewers and the
same has been practiced in the society. In some countries, possession of rape
pornography is illegal.
3. Child Pornography: Child Pornography has been prohibited by
Section 23 of the Nigerian Cybercrime Act, 2015. There are a lot of
distributors and producers of child pornography all over the world. In a video
sighted by this writer, an adult was seen fully engaged with a child in the
act. Imagine the gruesome act. This begins to give a lot of mentally imbalanced
men, the impression that children can be used for sexual pleasure and
excitement.
4. Money Voodoo (aka: Money Ritual): For the cause of making wealth, a
lot of persons are made to undergo certain spiritual processes. There is the
belief that one of the conditions given by such voodoo masters is that the
client is to sleep with a virgin, child, and sometimes, a mad woman. The
attempt to achieve this leads to rape, especially, when the females who can
give consent refuse same. It has been argued that this has been one of the
reasons for child rape.
5. Cultism: It has been argued that gang rape is one of the
behavioural patterns of cultists in Nigeria and maybe elsewhere. Testimony
(ies) is to the effect that girls are initiated into cult groups through raping
and other acts. The belief is that rape poisons the minds of the victims, and
makes them brutal for use. From another angle, evidence abound that rape has
also been used as a tool for revenge. This knowledge is sometimes cultivated
from revenge films and exposure to rape porn.
6. Indecent Dressing: This cause has been considered to be one of the
controversial causes of rape. In fact, feminists and even others seem not to
buy the argument each time it is raised. The argument put forth is that, there
are some victims of rape who are known for dressing decently. It has also been
argued that this is not in any way a cause, as the same argument cannot be made
about children who are raped.
7. Lack of Healing: Some of the rapists and sexually abusive persons
are victims of rape and other molestations, themselves. When not well taken
care of, or even healed, they may end up becoming monsters and serial rapists.
This applies to both male and females.
DISCARDING THE
CAUSES?
The above listed causes are some
of the causes or factors that are believed to contribute to the increase of
rape in our society. Research and findings show that rape is caused by some of
these factors. Although, there is no justification for rape whatsoever, we
cannot rule out the fact that there are some things that contribute to the
increase of rape in our society. Punishing rapists is not out of place, but it
is also good considering the causes, if any. It is this writer’s opinion that
if the causes are addressed from the root; it will also go a long way in
dealing with the issue. It is not proper punishing offenders and then
discarding the causes. Both advocacies should go side by side.
THE WAY
FORWARD:
The way forward is to look at
some of these causes and address them accordingly. The Government has to look
into the issue of pornography and address it. It may sound funny, but it is the
truth. Lovers of porn movie may not appreciate this fact, but it is a reality
before us. It is dangerous having porn dominating the whole cyberspace.
Pornography is no longer treated as adult content, as even children are exposed
to it. Porn movies are sold by almost every movie vendor, and children freely
have access to it.
Some of our home videos expose
teenagers and youngsters in general to drug addiction. Some of the music videos
are also mediums through which this act is learnt. When the youths and even
adults get addicted to drugs, rape pornography, revenge porn, child pornography
and other manner of vices, the minds become polluted. These people who get
exposed to these things sometimes feel like experimenting and indeed experiment
them.
From the victimological point of
view under criminology, people who become victims of crimes by exposing
themselves to the triggering of such act are considered “precipitative crime
victims” or precipitation victims. Though some rapists do assault people who
have not precipitated the act, facts still posit that some of the victims of
crimes do become victims as a result of indecent dressing. When sensitive parts
of the body are exposed, it triggers the sex urge of some men and generates
much heat. And while some are able to control themselves, others who have some
form of mental disorder, especially, those who have not mastered the act of
self-control may end up practicing what they have learnt. Ladies must
understand that not all men are the same. It’s a free world, yes, but not all
have self-control. So, while we maintain the fact that indecent dressing is not
a justification to commit rape, women who are known for dressing and exposing
sensitive parts of their body should also do well or help themselves to dress
well. To be blunt, a standing nipple which is well exposed, a well positioned
buttock shaped out of a light trouser, and an exposed vagina through a very
tight legging will go a long way to make some men pause. God help them if they
do not hit an electric pool, and maybe fall into the gutter. Only righteous and
some morally equipped folks can resist the flowery spice of a female’s body.
The point is that we cannot
pretend and say that indecent dressing is not a problem in our society. The
government in their wisdom has decided to work on An Act To Prohibit And Punish
Public Nudity, Sexual Intimidation And Other Related Offences. While rapists
are made to face the full weight of the law, parents, and the government have a
role to play to address indecent dressing. This also applies to the men,
because even a man can be raped.
Conclusion:
This article proves that we have
to start addressing the issue of rape from a holistic point of view. Protests
and then, punishments of rapists are not enough. Governments have to look into
the issue of drug addiction, access to pornography, especially, child pornography,
rape or aggressive pornography, etc. The government must also censor some of
the movies and music that are produced. In a music video, all the men are
almost fully dressed, but almost all the ladies are on pants and bra. Yet, both
sexes are shooting the music together. Government must take proactive steps to
address cultism and indecent dressing. NGOs and other stakeholders should spend
resources to hold seminars in addressing these issues. Stakeholders must do
well to see to the healing of rape victims, and also see to the rehabilitation
of convicted rapists. Incarcerating rapists is not enough, but what have we
done to rehabilitate them? If a rapist is just taken to the prison, and not
subjected to counseling, he or she will come out and rape another person again.
We all have a role to play to fight rape. We must all SAY NO TO RAPE!
By Ebi Robert Esq.
Founder, Academia of Ebi Robert
(ACER)
Anchor, Your Rights School
Series
You can contact the writer at:
[email protected]