Introduction
Rape
has become an epidemic in Nigeria lately. Across the six-geopolitical zones,
newspapers are full of reports of numerous cases of rape, especially of minors,
teenagers and elderly women. The trend has reached an alarming rate, as
Women and girls continue to be molested and raped. Survivors are frustrated,
families are ashamed, and police officers that ought to enforce the law are
fast competing for the prize of the worst rapists of the year, as recent
reported cases have revealed.
As
such this presentation will examines the
concepts of rape, types of rape, causes of rape, effect of rape on the victims,
rape cases in the media and the way forward. The paper will conclude by
recommending the ways the of the media can use in curbing the act.
CONCEPT OF RAPE
Rape is a type of sexual assault usually involving sexual
intercourse, which is
initiated by one or more persons against another person without that person's consent. A person who commits an act of rape is known as a rapist.
The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of
valid consent.
The definition of rape varies both in different parts of the world and
at different times in history. It is defined in many jurisdictions as sexual
intercourse, or other
forms of sexual penetration, of one person by another person without the consent of the victim.
Susan Brownmiller in her book
Against Our Will: Men, Women and described rape as
"a conscious process of
intimidation by which all men
keep all women in a state of
fear.
"sexual
intercourse without valid consent,"
"physically
forced or otherwise coerced penetration – even if slight – of the
vulva or anus, using a penis, other body parts or an object".
"The carnal knowledge of a female forcibly and against her
will." to "The penetration, no matter how slight, of the vagina or
anus with any body part or object, or oral penetration by a sex organ of another person, without
the consent of the victim."
for their annual Uniform Crime Reports. The
definition, which had remained unchanged since 1927, was considered outdated
and narrow. The updated definition includes
any gender of victim and perpetrator, not just women being raped by men,
recognizes that rape with an object can be as traumatic as penile/vaginal rape,
includes instances in which the victim is unable to give consent because of
temporary or permanent mental or physical incapacity, and recognizes that a
victim can be incapacitated and thus unable to consent because of ingestion of
drugs or alcohol..
Some countries such as Germany are now using
more inclusive definitions which do not require penetration and the 1998 International Criminal Tribunal
for Rwanda defines it as
"a physical invasion of a sexual nature committed on a person under
circumstances which are coercive".
In some jurisdictions, the term
"rape" has been phased out of legal use in favor of terms such as
"sexual assault"
or "criminal sexual conduct".
Other countries or jurisdictions continue to
define rape to cover only acts involving penile penetration of the vagina,
treating all other types of non-consensual sexual activity as sexual assault.
Scotland, for instance, requires that a
rapist commit a sexual assault with a penis, so only males can legally be
rapists.
One thing all the definition above have in
common is the issue of lack of “consent”
.In any allegation of rape, the absence of consent to sexual intercourse on the
part of the victim is critical. Consent need not be expressed, and may be
implied from the context and from the relationship of the parties, but the
absence of objection does not of itself constitute consent. Lack of consent may
result from either forcible compulsion by the perpetrator or an incapacity to
consent on the part of the victim (such as persons who are asleep, intoxicated
or otherwise mentally helpless). The law can also invalidate consent in the
case of sexual intercourse with a person below the age at which they can
legally consent to such relations with older persons. Such cases are sometimes
called statutory
rape or "unlawful sexual intercourse", regardless
of whether it was consensual or
not, as people who are under a certain age in relation to the perpetrator are
deemed legally incapable of consenting to sex. Consent can always be withdrawn
at any time, so that any further sexual activity after the withdrawal of
consent constitutes rape.
TYPES OF RAPE
There are several types of rape, generally categorized by
reference to the situation in which it occurs, the sex or characteristics of
the victim or the sex or characteristics of the perpetrator.
·
Anger rape
The aim of this rapist is to humiliate,
debase and hurt their victim; they express their contempt for their victim
through physical violence and profane language. For these rapists, sex is a
weapon to defile and degrade the victim, rape constitutes the ultimate
expression of their anger. This rapist considers rape the ultimate offense they
can commit against the victim.
Anger rape is characterized by physical
brutality, much more physical force is used during the assault than would be
necessary if the intent were simply to overpower the victim and achieve
penetration. This type of offender attacks their victim by grabbing, striking
and knocking the victim to the ground, beating them, tearing their clothes, and
raping them.
·
Power rape
For these rapists, rape becomes a way to
compensate for their underlying feelings of inadequacy and feeds their issues
of mastery, control, strength, authority and capability. The intent of the
power rapist is to assert their competency. The power rapist relies upon verbal
threats, intimidation with a weapon, and only uses the amount of force
necessary to subdue the victim.
The power rapists tends to have fantasies
about sexual conquests and rape. They may believe that even though the victim
initially resists them, that once they overpower their victim, the victim will
eventually enjoy the rape. The rapist needs to believe that the victim enjoyed
what was done to them, and they may even ask the victim to meet them for a date
later.
Because this is only a fantasy, the rapist
does not feel reassured for long by either their own performance or the
victim's response. The rapist feels that they must find another victim,
convinced that this victim will be "the right one".
Hence, their offenses may become repetitive
and compulsive. They may commit a series of rapes over a short period of time.
·
Sadistic rape
For these rapists, they have a sexual
association with anger and power so that aggression and the infliction of pain
itself is eroticized. For this rapist, sexual excitement is associated with the
inflicting of pain upon his victim. The offender finds the intentional
maltreatment of his victim intensely gratifying and takes pleasure in the
victim's torment, anguish, distress, helplessness, and suffering; he/she finds
the victim's struggling with him/her to be an erotic experience.
Sadistic rape usually involves extensive,
prolonged torture and restraint. Sometimes it can take on ritualistic or other
bizarre qualities. The rapist may use some type of instrument or foreign object
to penetrate his/her victim. Sexual areas of the victim's body become a
specific focus of injury or abuse.
The sadistic rapist's assaults are
deliberate, calculated and preplanned. They will often wear a disguise or will
blindfold their victims. Prostitutes or other people whom they perceive to be
"promiscuous" are often the sadistic rapist's targets. The victims of
a sadistic rapist may not survive the attack. For some offenders, the ultimate
satisfaction is gained from murdering the victim.
·
Gang rape
Some forms of sexual violence, such as gang
rape, are predominantly committed by young men. Sexual aggression is often a
defining characteristic of manhood in the group and is significantly related to
the wish to be held in high esteem. Sexually aggressive behaviour among young
men has been linked with gang membership and having delinquent peers. Gang rape
is often viewed by the men involved, and sometimes by others too, as
legitimate, in that it is seen to discourage or punish perceived immoral behaviour
among women, such as wearing short skirts or frequenting bars.
CAUSES
OF RAPE
There is no single theory that conclusively
explains the motivation for rape; the motives of rapists can be multi-factorial
and are subject to debate. Several factors have been proposed: anger, a
desire for power and sadism. Rape does not necessarily have a
single cause, and causes may be localized based on other social aspects of
culture.
According to
the President of Gender Alliance, Mrs. Adenike Atoyebi, in the vanguard newspaper publication On
April 18, 2012 she stated that
“Yes, we have lived with rape since
the beginning of our existence, but the manner in which it is happening in
Nigeria now, is worrisome. But I have to put this sudden surge on the
socio-economic situation in the country, which has left many jobless and
hungry. But for idleness, what would make someone to rape a three year old girl
or a 60-year old widow?”
Speaking on
reason for rape, she further stated that:
Atoyebi was, however, quick to add
“I think there’s no particular reason for rape. I consider it an act of
immorality and madness. I once heard a story about a teenager who was raped on
her way home. The offender said he had simply acted on his impulse, claiming he
aroused by the girl’s dress sense.”
In
her own view, the Executive Director of
Women Arise (WA), Dr. Josephine said:
“Impunity is on the rise because of
our inability to bring the perpetrators to book. Rape and sexual violence have
become a regular occurrence, a norm in Nigeria. Women don’t think they will be
believed. So, they won’t openly give their side of the story.”
She further
stated that:
Failure of Child Rights Act: She
said it is worrisome that despite the passage of the Child Rights Act, incidences
of rape and assault on the girl child is still prevalent in the country. She
added that it is unfortunate that 18 states are yet to pass the Act, noting:
“According to recent reports, more than 20 girls are raped and daily subjected
to other forms of violence. It is also observed there is no equal access to
education for girls and boys, everything works against girl’s education and
there is no intervention to encourage access to education.”.
Speaking about
the situation of rape Mrs. Jumoke Adenowo, founder of Awesome Treasures
Foundation, (ATF). Disclosing her disgust for the rising rape incidences to VF,
she observed:
“We are not secure in a country where a young
girl is bathed with acid for daring to say “No” to a man’s advances and the
government does not see the crime for what it is – a crime against the state,
and the perpetrator walks free as the victim lives in daily mental and physical
anguish.
“It’s worse than slavery! No woman,
no matter how personally comfortable, should be apathetic about such outrageous
incidents. What happens to one sister can happen to any. So in essence, we are
being told that even our bodies do not belong to us and random “admirers” can
lay claim to our bodies?”
Rape of women and girls endemic in
Nigeria: Deploring the manner in which rape victims act unchallenged, she said:
“They can even upload their crimes on Youtube while the victim is told by law
enforcement officials: “You caused it!” This is the worst sort of human rights
abuse possible. No matter how many females we have in leadership positions
today, the fundamental problems of the Naigerian female are yet to be
addressed. Nigerian women are not even safe.”
Susan
Brownmiller
in her book Against Our Will: Men, Women and Rape which is widely credited with changing public
outlooks and attitudes about rape, promoted the concept that rape was not the victim's fault. As some
authors made people beliefe, she described rape as "a conscious process of
intimidation by which all men
keep all women in a state of
fear.” She believes that "rape is a crime not of lust, but of violence and
power." She sought to examine general belief systems that women who
were raped deserved it in other to change people perception on the issue .
RAPE
CASES
On April 18,
2012 the punch newspaper reported that
Three
men, Laide Sulemon, 26; Aina Samson, 24; and Ayomide Simpa, 25, were on Tuesday
arraigned before an Apapa Chief Magistrate’s Court in Lagos for allegedly
raping a 27-year-old woman.
an Arabic
teacher in Ibadan, recently raped a 15 year old student for not passing her
exams. Siaka Salimonu, 43, who teaches Arabic, allegedly promised to give
Yetunde holy oil for prayers to improve her academic performance, and raped her
when she came for the oil. Salimonu is also an Imam and regularly conducts
Friday Jumat prayers in the local mosque.
As it is in
Lagos, Port Harcourt, Ibadan, so is it at Gombe, where a water vendor,
Ahmed Manu, 22, of Tudun Wada quarters, Gombe, was recently remanded in prison
custody for allegedly raping a 26-year-old mentally deranged woman. The
principal judge of the court, Malam Mohammed Usman, gave the order when the
accused pleaded not guilty to the charge.
The
complainant, Malam Mohammed Hassan, who is a traditional herbalist, told the
court that the accused person had on February 24, raped one of his patients who
was being treated for mental problem. He said the accused person was involved
in hawking water during the dry season and had supplied water to the home.
Another
pathetic incident of rape recently was that of a 16-year old girl, who was
raped by three police men.
Policemen
jailed for raping 16-year-old girl: The policemen were subsequently convicted
and sentenced by Kano State High Court for abduction, conspiracy
and rape.
The policemen
were former Insp. Dantalle Muhammed, who was convicted on three counts of
abduction, conspiracy and rape and sentenced to 10 years imprisonment in
addition to a fine of N100,000 for rape. He was also sentenced to eight years
in prison for abduction with a fine of N50,000 and six years in prison with a
fine of N50,000 for conspiracy.
The other
convict, former Insp. Yusuf Ibrahim, was sentenced to 14 years with a
fine of N200,000 for abduction, eight years and a fine of N100,000 for
conspiracy and six years with a fine of N50,000 for rape. The third
convict, Mahmuda Muhammad, was sentenced to seven years imprisonment for rape.
WAY
FORWARD
Speaking on the way forward, Atoyebi said
“there are laws that
needs to be reviewed urgently, so that it would serve as a deterent to rapists
and would be rapists. You could remember that it was because of the spate of
rape that made the Federal Government to constitute a Committee on the Review of
Discriminatory Laws Against Women, which operated under the auspices of the
National Human Rights Commission with a mandate to review discriminatory
legislation, including rape.
“There are also the penal code,
criminal code and the sharia law,” she stated, adding that, “What I am saying
in essence is for these laws to be review, to meet up the rising rape cases,
because the crime is taking another dimension lately.”
Still harping on the way out of the
malaise, she said: “Some of these laws are most times outdated, and not
enforced, so you find people perpetrating the crime because they know
they would not feel the full weight of the law. If the current rate of this
madness must be curtailed, government must wake up to its responsibilities.”
On the way forward,
an Amnesty International report titled Nigeria:
Rape – The Silent Weapon. It
observed that
“rape of women and girls by both the
police and security forces, and within their homes and community, is
acknowledged to be endemic in Nigeria – not only by human rights defenders but
also by some government officials at both federal and state levels.
The government, however, is failing
in its obligation to exercise due diligence: The perpetrators invariably escape
punishment, and women and girls who have been raped are denied any form of
redress for the serious crimes against them”.
It also stated
that:
“Government’s response has been, and
continues to be, woefully inadequate. Rape is a crime under Nigerian national
law and is an internationally recognized human rights violation. Despite this,
the government is failing in both its national and international obligations to
prevent, investigate and prosecute rape, whether committed by state actors or
non-state actors, and to provide any reparations to the victims.
Further,
Amnesty International has discovered that
the Nigerian government has failed
in its international obligations to take action against agents of the state who
have committed rape and sexual abuse, and has failed to amend discriminatory
legislation that guarantees impunity from charges of rape.”
The report then agitate for
Urgent review of laws: Regardless of
this indictment, further investigations revealed that for these rising
incidences of rape to be curtailed, government should as a matter of urgency,
review laws on rape, control the use of hard drugs and the rampant.
In her own contribution, the wife of the Osun
state governor Mrs. Sherifat Aregbesola, after a campaign to create awareness
for women to support the eradication of rape in the state. said
“ the administration had intensified
effort in sensitising its citizens on rape, which had become so rampant in the
society.
She
noted that dozens of ladies across the country had been raped, a situation
which had turned many of them to prostitutes in Nigeria and abroad. With an
appealed to parents to always monitor their children and support the state
government to achieve its goal of eradicating rape in the state.
she equally advised mothers to desist from
sending their female children to hawk at night, stressing that evil
perpetrators operated mainly at night. Stating that
“Parents should only allow their children to
hawk in public places and during the day for girls to be free from evil
rapists,’’ she added.
On
the way forward, the Osun state Commissioner for Women Affairs and Social
Welfare, Mrs. Mofolake Adegboyega
urged the men to go for marriage
when they were due rather than raping girls around the corner and advised the
girls to avoid indecent dresses and lead a worthy life.
Conclusion
Considering the increase in the number of
rape cases reported daily, one will realize that the criminal act is on the
increase, although the
media have been trying their best in reportage of rape cases, they still
have a long way to go in performing
their watchdog and social responsibility roles. There is the need to constantly
enlighten the public on ways of preventing the criminal act which has eaten
deep into the fiber of the society.
The
need for them to encourage rape victims to report cases and work towards
putting an end to the stigmatizations the victims experienced in the society.
REFERENCES
Ø Leadership newspaper march 8,2012
Ø
Punch
newspaper April 20, 2012
Ø
Punch
newspaper 23rd May, 2012
Ø
Susan Brownmiller(1986) Against Our Will: Men, Women and Rape. Pelican Books, United
States of America.
Ø
Vanguard newspaper April 18, 2012ape
