AN IN-DEPTH ANALYSIS FOR TACKLING RAPE AS A SEXUAL OFFENSE IN NIGERIA: CHALLENGES AND SOLUTIONS IN COMBATING RAPE.
Abstract
Rape is a heinous act which generally involves the unlawful carnal knowledge of a man or woman without their consent, with its devastating effect on the victims including; sexually transmitted diseases, pregnancy and gynecology issues, mental health and depression issues, post traumatic stress disorder, bodily injuries, and even death. Due to its barbaric nature, rape is criminalized under various criminal laws in Nigeria with the extant penalty upon conviction being life imprisonment. However, despite the stringent penalty put in place, it has been realized that the law has failed in deterring certain persons from desisting from the commission of sexual offences. Using the doctrinal research methodology, this study sought to carry out an in-depth analysis for tackling rape as a sexual offence in Nigeria, through the identification of existing challenges and proffering practical solutions. Accordingly, it was found in this study, that some of the existing challenges included; prosecutorial challenges and delayed trials, difficulty in gathering evidence, victim’s trauma, loopholes in existing laws in favour of culprits (such as requirement for corroborative evidence), and slow pace of legal process. Consequently, it was suggested among several other recommendations, that there should be provision of rehabilitation program for victims of sexual offences, there should be strict enforcement of the penalties against convicted offenders, the law enforcement should also embrace technological tools for collection of evidence such as DNA samples and medical examination to conclusively determine the guilt of the offenders, and also there should be sensitization of the public on the heinous nature of rape and other sexual offences and the need to avoid such crimes.
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