A CRITICAL APPRAISAL ON THE LAW OF RAPE IN NIGERIA
Abstract
The law ought to act as a bulwark to ensure the sanity of the society is sustained. Our legislators enact laws to regulate or forestall a rampant act suffered by the society. In a situation where the law exists and yet the heinous crime of rape is piercing the very heart of our humanity, then the effect of such a law is watered down. Rape is an offence that has become an epidemic all over the world. It is a form of sexual assault against the body and mind of an individual without their consent. The researcher made use of doctrinal method of data collection. This research work will explore the multifaceted issue of rape, examine its legal position, social responses to it, analyze the concept of rape in Nigeria, shed light on the occurrence of rape in order to advocate for a safer and more just society and define rape, the nature of rape, who can be raped, who can commit the offence of rape, and proof of rape. Finally, the research work will attempt to highlight the legislations on rape in Nigeria, and how effective they have been and suggested areas of improvements. The Nigerian Criminal and Penal code should be compared with other provisions and reviewed so that the ambiguity in our laws can be clear and direct. In conclusion, this work will seek to forensically explore the underpinning jurisprudence of the offense of rape in Nigeria, examining the defects and challenges of the Nigerian Criminal justice system as regards the issue of rape, and provide viable and sustainable recommendations that would help in curtailing the menace in the country.
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