Ages at which Sex With Consent is Rape
DAILY LAW TIPS (Tip 509) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
Ages at which Sex With Consent is Rape.
First of all, RAPE is a criminal offence in Nigeria, punishable with life imprisonment with or without whipping in Southern part of Nigeria but punishable with imprisonment for life or lesser period and fine in the Northern part of Nigeria.
In Southern Nigeria, where an unmarried girl of less than 16 years is taken out of custody/protection of her parents/guardian without the permission of such person(s), for purpose of marriage or sexual intercourse, it is an offence. Ignorance of age of such girl as well as consent of such girl is immaterial. This offence is a misdemeanor and punishable with imprisonment of not more than 2 years.
In Northern Nigeria, where any girl of less than 18 years is induced or forcefully taken away to have sexual intercourse it is an offence. It is an offence punishable with fine and imprisonment of not more than 10 years.
Generally across Nigeria, by the provisions of Child’s Right Act, any person that has sexual intercourse with a child of not more than 18 years of age even with the consent of the child has committed offence of rape. The offence is punishable with life imprisonment. Consent of child or ignorance of age of child is immaterial. Where there is a sexual abuse of a child not more than 18 years, it is an offence punishable with imprisonment for not more than 14 years.
We are aware that rightly or wrongly some states in Nigeria have refused to enforce the Child’s Rights Act of 2003 due to their argument that they first need to domestic same through their states legislators. In such states, since they have failed to enforce the Child’s Rights Act 2003 or enact a state equivalent, Child’s rights on issues of rape and sexual abuse are protected by the Criminal Code or Penal Code although with lighter punishments.
References:
1.) Sections 1, 357, 358, 361, 362 and 363 of Criminal Code Act, 1916.
2.) Sections 272, 275, 282 and 283 of the Penal Code Act, 1960.
3.) Section 31, 32, 277 and 278 of the Child’s Rights Act, 2003
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