Why you need a lawyer and the penalties for rape.
In Nigeria, section 357 of the Criminal Code Act defines rape as:
“Any person who has 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 threat or intimidation of any kind, or by fear of harm, or by means of false and fraudulent misrepresentation as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of an offence which is called rape.”
Section 358 of the Criminal Code Act punishes “rape”. It provides thus:
“Any person who commits the offence of rape is liable to imprisonment for life, with or without caning.”
Section 359 of the Criminal Code Act punishes any attempt to commit rape. It provides thus:
“Any person who attempts to commit the offence of rape is guilty of a felony, and is liable to imprisonment for fourteen years with or without caning.”
On its part, the Penal Code Act criminalizes and penalizes the offence of rape. Section 282 of the Penal Code Act provides thus:
1. A man is said to commit rape, who except in the case referred to in subsection(2) of this section, has sexual intercourse with a woman in any of the following circumstances –
2. Against her will;
3. Without her consent
4. With her consent, when her consent has been obtained by putting her in fear of death or of hurt;
5. With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she believes herself to be lawfully married;
6. With or without her consent, when she is under fourteen years of age or of unsound mind;
7. Sexual intercourse by a man with his own wife is not rape, if she has attained to puberty.
8. Explanation. Mere penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.”
Section 283 punishes rape. It provides thus:
“Whoever commits rape, shall be punished with imprisonment for life or for any less term and shall be liable to fine.