Amende’s scientific contributions

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Publications (1)


SEARCH FOR THE MOST APPROPRIATE PUNISHMENT FOR THE OFFENCE OF RAPE IN NIGERIA
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December 2021

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Amende

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Rape is an offence that involves the engagement in sexual relationship without the consent of one of the parties involved. This crime is known to happen in all countries in the world and not peculiar to Nigeria alone. Surprisingly, most of the cases have gone unreported, uninvestigated or unprosecuted. This paper examined the conundrum for the most appropriate punishment for the offence of rape in Nigeria. It examined the legal framework for the offence of rape in Nigeria and the punishments stated therein to determine its adequacy, propriety or otherwise. It is the finding of this paper that there is an existing array of punishments for rape in Nigerian laws which have served little or no deterrent effect. Despite the strict array of punishments, the crime of rape is still on the increase with large number of the cases going unreported. The research also found that definitional deficiencies and archaic nature of some criminal laws in Nigeria has contributed to why many forced sexual relations go unpunished. This paper employed the doctrinal research methodology. The paper recommended that the punishment for rape in Nigeria should be a term of imprisonment for first time offenders, life imprisonment for recidivists and death penalty only where the offence of rape leads to the death of the victim and same duly executed. It also recommended that a special unit of the Nigerian Police Force be created and trained in the investigation and prosecution of rape cases and that the prosecution of rape should be done in special Courts where the identity of victim and witnesses is protected. Also, awareness and reorientation of the masses as to what rape entails is recommended.

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