STATUTORY RAPE UNDER THE CHILD’S RIGHT ACT OF NIGERIA: ANALYSIS OF THE CRIMINAL RESPONSIBILITYOF A CHILD OFFENDER

Abstract

From time immemorial the act of rape has received absolute disapproval by all and sundry particularly due to the unpleasant effects on its victims. The gravity of this offence has led to a recent clamour for life imprisonment to be replaced with death penalty as punishment for the crime. This is however not out of place. The first rapist in the Bible, Amnon, who outraged his half-sister, Tamar, was killed by Absalom to avenge the loss of his sister’s pride, chastity and dignity.1 Rape has been categorized into different classes and degrees, sometimes, depending on the age of the victim, the number of offenders and circumstances of the act committed.2Both international and national laws exist that condemn the act of rape and also punish offenders. Recently, a class of rape described as statutory rape sprung up to give underaged persons special and more effective protection from sexual abuse. Most incidents and prosecution of rape of a minor involve adults who are usually believed to take undue advantage of the minor’s innocence and immaturity in judgment. There are however, cases of sexual intercourse taking place on regular basis among children or minors. This paper understudied the criminal culpability of a minor engaged in sexual activity with another minor under the Child’s Right Act3 . It was discovered that no distinction in the class of offenders was made in the Act. In fact, the word ‘any person’ was used showing that even minors can be punished for violation of the affected section of the Act. It is therefore recommended that where the offender is a child, mens rea, should be considered. Where intercourse is consensual, both sexual partners should be made criminally liable. In non-consensual rape, the minor using force or exerting undue influence should prosecuted. The age limit of criminal responsibility in the Criminal Code should be adopted and leniency ensured in imposing sanctions.