RAPE AND ITS REMEDIES

[Olajire Deborah]

Rape And Remedies For Rape

Rape is another form of trespass to the person. It is having sexual intercourse with another against his/her wish. I say his or her wish because a man could be raped by a woman just the same way a man could rape a woman. In some unusual instances too, a man could be raped by another man. It does not matter whether the man or woman is already your boyfriend or girlfriend, or that you had even had sexual intercourses countless times together in the past. Once the other party does not consent to the particular sexual intercourse, it becomes rape.

The primary determination of rape is the absence of consent, whether there was force or not, or even the threat of the use of force. It means that the most important indication is that the other party did not freely and voluntarily consent to the intercourse. But rape would easily be implied once the victim is forced or threatened with violence before or during the intercourse. It follows automatically that there was a lack of consent on the part of the victim to the act.

For there to be rape, it does not follow that there must have been the use of an offensive weapon to force the victim into submission. Mere use of words to threaten the victim into submission is enough. Beating, coercing and/or even intimidating or threatening the victim is equally sufficient to be liable for rape once the victim did not consent to it.

Rape is defined by law as unlawful carnal knowledge and even includes situations when force, threat or violence is not involved before the sexual intercourse is carried out. It could be that the victim was sexually assaulted through inducement, e.g., by being drugged in which case he/she has lost consciousness. It could be that the victim was induced by misrepresentation, for instance when a man holds himself out to a married woman as her husband while he is not. Unlawful carnal knowledge could also result, for example, from a man taking advantage of a woman who is mentally ill or an imbecile. Rape could also come in the form of defilement. This normally happens where an under-aged female is the victim. The fundamental point is that consent is absent in all the intercourses.
A victim does not have to have been actually raped before he/she is entitled to make his/her claim. An attempt to commit rape is as unlawful and actionable by the victim just as the actual act of rape. The real intercourse may not have actually taken place but the defendant would be liable once he makes the attempt.

Remedies:

I quite appreciate the fact that in this part of our world, victims of rape are always reluctant to come forward to seek redress. This is because of the negative publicity such an action may entail as well as the negative social stigma attached to such a person. This is why victims of rape or sexual abuse most often prefer to suffer in silence and bear the shame than enforce their rights. Because of this, perpetrators of these acts are emboldened to continue in their unlawful acts, knowing fully well that their victims cannot summon the courage to come out to report the dastardly act. Most times, they walk about freely and even boast to others of their heinous exploits. And in most cases, both the offender(s) and the victim are known to each other.

Let me inform you that the punishment for rape or defilement of a girl under 13 years under the Criminal Code is life imprisonment while attempted rape is 14 years imprisonment if the offender is convicted. Defilement or unlawful carnal knowledge of a girl under 16 years is from 2 years imprisonment and above. This is to show you how serious the law considers the offence. That is for criminal prosecution.
Aside from or in addition to reporting to the Police, victims of rape, attempted rape or any unlawful sexual assault/abuse are also entitled to all the remedies we listed above in section 1(e) for trespass to the person such as claims for pain and suffering, loss of amenities and enjoyment of life, etc. She is entitled to file a civil suit against the offender if he is known. It does not matter that the offender has already been charged for criminal prosecution or that he has been discharged, acquitted or jailed. The civil suit can be filed without the criminal complaint or it can proceed with it at the same. They are two separate actions which have little or nothing to do with each other except that the facts are the same. In civil suits, the victim is entitled to make claims for damages for as much as she can. And where she can present enough evidence, the court may award her damages in substantial sums, atimes running into millions of Naira, especially where she has suffered some bodily harm or injury from the unlawful act.

The victim of rape may ask the court for special damages to cover the entire amount she spent in treating herself medically. The court will surely grant this request once there are documentary evidence to back up the claim, or other substantial proof of the amount so spent.
In a civil suit, the victim may apply to the court for the court hearings to be conducted in camera. This means that only the victim, the defendant, their lawyers, the judge and the court staff are permitted to be in the courtroom at the time of the hearing. This is done to protect the identity of the victim as well as preserve his/her dignity and self-respect. The victim may also seek a court order to restrain the press or mass media from reporting or covering the court proceedings.

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