LEGAL EXAMINATION OF THE CHALLENGES CONFRONTING THE PROSECUTION OF OFFENCE OF RAPE IN NIGERIA

Abstract

In Nigeria, incidences of rape are fast assuming a threatening dimension that requires urgent intervention considering the increasing rate. Rape, like other forms of violence against women, is an infringement on women’s rights, privacy, self-preservation and dignity. Available data in the print and electronic media reveal that the issue of rape has become a serious social problem of epidemic proportions and no longer an isolated criminal act affecting just a few women in the society. There is little or no policy or law that helps protect the victims as they are most times blamed, stigmatized and humiliated by the public if it is brought to the public domain. This hinders victims from embracing a mindset of reporting such an inhumane crime to the appropriate authority. It is in important to look at the Nigerian criminal justice system and through its lens to look also at the Nigerian society which seems to encourage the offence of rape. It is a statement of fact to say that the Nigerian criminal justice system rests on a tripod comprising the police, the judiciary and the prison. The institution saddled most with the problems of administration of criminal justice exhibit lackadaisical attitude towards reports of rape. This paper seeks to investigate, explore and examine the underpinning jurisprudence of the offence of rape in Nigeria. Examining the defects and challenges of the Nigerian criminal justice system as regards the issue of rape and provide viable and sustainable recommendations that would help in curtailing the menace in the country. The prosecution in most cases of rape fail to secure conviction more often than not because there was not corroboration of the evidence of prosecutrix as to penetration.