By Amb. Oghenekeno Joshua Ekpokpobe

The word rape originates from the Latin rapere (supine stem raptum), “to snatch, to grab, to carry off”.

Under Section 357 and 358 of the Criminal Code Cap “C38”, Laws of the Federation, 2004, Rape is defined as, “having 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 threats or intimidation of any kind, or by fear of harm, or by means of false act, or, in case of a married woman, be personating her husband.” This offence is punishable by imprisonment for life, with or without caning.

Health organizations and agencies have also expanded rape beyond traditional definitions. The World Health Organization (WHO) defines rape as a form of sexual assault, while the Centers for Disease Control and Prevention (CDC) includes rape in their definition of sexual assault; they term rape a form of sexual violence.

The CDC lists other acts of coercive, non-consensual sexual activity that may or may not include rape, including drug-facilitated sexual assault, acts in which a victim is made to penetrate a perpetrator or someone else, intoxication where the victim is unable to consent (due to incapacitation or being unconscious), non-physically forced penetration which occurs after a person is pressured verbally (by intimidation or misuse of authority to force to consent), or completed or attempted forced penetration of a victim via unwanted physical force (including using a weapon or threatening to use a weapon).

Rape and sexual assault are serious crimes against the dignity and sexual rights of an individual. We also all have a collective responsibility to protect the rights, safety and wellbeing of all children at risk of rape and sexual assault. Lack of consent is key to the definition of rape. Consent is affirmative “informed approval, indicating a freely given agreement” to sexual activity. It is not necessarily expressed verbally, and may instead be overtly implied from actions, but the absence of objection does not constitute consent.

Lack of consent may result from either forcible compulsion by the perpetrator or an inability to consent on the part of the victim (such as people who are asleep, intoxicated or otherwise mentally compromised). Sexual intercourse with a person below the age of consent, i.e., the age at which legal competence is established, is referred to as statutory rape.

The prosecution and conviction of sexual offenders, in spite of the prevalence of rape and sexual violence in our society, and the laws that exist to govern rape are extremely low.

Certain prevailing attitudes exist in Nigeria that encourages survivors to hide in guilt and shame and perpetrators to continue with impunity may be a contributory factor in the under reporting and low conviction rates.

In order for us to see an increase in the rate of prosecution and convictions of sexual offenders there needs to be an increase in advocacy and awareness. Our society operating on a patriarchal system and steeped in traditional norms and practices that encourage this abuse, needs to change; so we present an enabling environment for survivors to feel safe to speak their truth and report this crime, without fear of ‘victim blaming’ from community members and reprisals from the perpetrators or family members.

Survivors also need to be aware of their rights as citizens and feel secure in the knowledge that justice will prevail and that the perpetrator will be punished for this crime. Strict penalties should be enacted and enforced for rapists. Court cases regarding rape should be accelerated. Sex education should be part of the nation’s educational curriculum as well as parents guiding their kids especially male children on the need to respect the girl child decision when it comes to her body. No is No.

It is important to always remember that rape can happen to anyone but it is never the fault of the survivor, under any circumstances; it is ALWAYS the fault of the rapist. Rape is a deliberate and conscious decision.

The psychological trauma associated with rape is overwhelming. The girl child is ours. Let’s protect her & not molest her. STOP Rape!