Rape is a social menace affecting mostly
young women and girls generally, usually orchestrated by males (raping of males
is an uncommon phenomenon). It involves having sexual intercourse with a woman
without her consent, often accompanied by violence or threat of violence to the
victims. The victims of rape are usually susceptible to diseases and infections
not to talk of the psychological trauma they are exposed to which usually
manifest in form of: self-hate, low self-esteem, poor self-worth, broken trust,
fear, hatred for others, amongst others.
LEGAL FACTS ABOUT RAPE
1. 1. In a suit of rape, proof of
absence of consent of the victim is essential to its success.
2. 2. To prove rape, proof of
penetration (i.e penetration of the female vagina by the male organ) is required. Mere words, threats, or tearing of the victim’s cloth will not
suffice.
3. 3. A female cannot be charged with
rape or procuring rape, even if she procures another person to rape the victim.
4. 4. Inserting of objects, such as a
bottle, in the female vagina will not amount to rape. Even though a greater
damage may have been done.
5. 5. As a defense to a suit of rape,
a rapist may provide evidence that the victim is of loose morals and have had
consensual sex with him in the past.
6.
6. In the face of the law, a
husband cannot rape is wife as long as they are legally married.
7.
7. Any sexual intercourse with a
girl that has not attained the age of 14years is rape, as a girl below the age
of 14years is presumed in law not to be able to give consent to sex.
The legal attitude to rape is a very strict
one, it can be seen to promote marital rape (since a husband cannot be charged
with raping his wife), although there are reports of a husband having
unconsented sex with his wife. The right of the husband to have sex with his
wife extends even to when she is tired, fasting, or menstruating. In other to
eliminate the ‘monster’ called rape the right of a husband to sex should be
reviewed.
Also, the law on rape should be extended to
cover cases of inserting of objects in a woman’s vagina.
Furthermore, giving evidence of the woman
loose morals or previous consensual sex with the rapist should not have a
bearing in a case of rape. A woman should have the freedom to have sex with
whom she pleases, when she pleases.
In addition, the requirement of prove of
penetration is barbaric. Witnesses testimony as well as the testimony of the
victim should suffice.
Finally, a female who procures another
person to rape the victim ought to be charged with rape together with the
person she procures.
