Nigeria Criminal Act on Assault on Females: Abduction, Rape

Nigerians are seeking the amendment of the Criminal Act stipulating stiffer punishment for offenders to serve as deterrent to others due to the increasing cases of molestation, violations (rapes) and abduction in the country.

The existing criminal acts stipulates the following conditions under the law:

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 threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation 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.

Any person who commits the offence of rape is liable to imprisonment for life, with or without caning.

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.

Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanour, and is liable to imprisonment for two years.

Any person who, with intent to marry or carnally know a female of any age, or to cause her to be married, or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.

Any person who unlawfully takes an unmarried girl under the age of sixteen years out of the custody or protection of her father or mother or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour, and is liable to imprisonment for two years.

In the case of proceedings in respect of an offence under the preceding section:

(a) it is immaterial that the offender believed the girl to be of or above the age of sixteen years;

(b) it is immaterial that the girl was taken with her own consent or at her own suggestion.

It is therefore necessary as a matter of urgency for the Nigeria Senate to begins the Amendment of the Criminal Acts in Nigeria with stiffer punishment to guide against increasing cases of women violations in Nigeria.