Rape: The Female And The Society

By Akunna Ejim

Simply put, rape is forcing someone to perform the sexual act against his/her will. It is pertinent to note that rape can be committed against both male and female. Though the issue of male rape is no less gruelling than that of the female, it occurs with far less frequency than that of the female, As such, rape can be described as a form of gender-based violence against women. The issue of female rape is, therefore, going to be the focus of this analysis.

The Declaration on the Elimination of all Violence Against Women, DEVAW, defines the term “violence against women” as “any act of gender-based violence that results in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.”

Anyone can be a victim of rape irrespective of status, wealth, authority or any other such factor; all it takes is the opportunity. Age, in itself, is not even a consideration as infants to grandmothers are not spared. But because of their extreme vulnerability, the young and very young are the most common prey of sexual predators. All this becomes even more worrisome when we take into consideration statistics which indicate that 1 in 4 women have been raped.

Those who indulge in this heinous act could be just about anyone from any walk of life; from tout to priest none is exempted. A seemingly well-balanced member of the society could be putting up a façade behind which lurks a low-life sexual offender.

Rape, by its very brutal nature, causes severe physical and psychological pain and suffering. Most rape cases result in trauma, which can last a lifetime: some even lead to the death of the victim. Apart from the physical abuse, rape can result in terrible reproductive consequence for the victims, especially, under aged girls whose bodies are not fully developed suddenly subjected to imminent motherhood. This sad development has led to the increasing incidence of Vesico-Vaginal Fistula, VVF, an abnormal connection between the urinary tract and the vagina that allows the continuous involuntary discharge of urine into the vaginal vault. This amounts to double tragedy, as such girls become pariahs in the society because of an injustice done to them to begin with.

Another probable effect of rape is that the victim may contract sexually transmitted infections, STIs, including but not limited to HIV.

The law’s position on rape in the country at large is a bit complicated, as different legal systems coexist in Nigeria. The Criminal Code Act of 1961 and the accompanying Criminal Procedure Act Cap 80 Laws of the Federation 1990 (CPA) apply to southern Nigeria, the Penal Code, Federal Provisions Act of 1959 apply to all states under its jurisdiction in northern Nigeria, the Sharia penal legislation applies to 12 northern states, and the accompanying Criminal Procedure Code applies in those states that have adopted them. As such, different zones of the country have different interpretations of rape, often leading to arbitrary decision.

Even though the Constitution of the Federal Republic of Nigeria 1999 does not directly prohibit rape, though it is quite unambiguous on the prohibition of torture and other inhuman or degrading treatment. Section 31 (1) states that: “Every individual is entitled to respect for the dignity of his person, and accordingly, (a) no person shall be subjected torture or to inhuman or degrading treatment” Article 17 (2)(b) adds that “… human dignity shall be maintained and enhanced.”

CEDAW, which Nigeria ratified on 13 June 1985, requires state parties to the declaration to eliminate gender-based violence, as stated in its General Recommendation. Now, the obvious question would be, if the law frowns on the act of rape, how come it is still highly prevalent?

The fact of the matter is that, in most cases the perpetrators are not apprehended, and where they are, the penalties meted out to them are so lenient as to be laughable in light of the gravity of the offence. In most cases, the actors are given an option of fine, which is invariably low, amounting to a slap on the wrist, thus emboldening others to engage in the act with impunity.

The effects of rape on the victim are further compounded when the perpetrators are not brought to book or given light punishment. So, even after the physical wounds may have healed, the psychological wounds fester.

It is a well known fact that the police in this country are woefully untrained to handle forensic evidence. The prosecution of a rapist depends to a large extent on evidence gathered from the victim, the scene of the crime, and even the rapist. All this is especially valid in the first 24 hours of the rape, as most of the evidence such as DNA from hairs, semen, blood and saliva deteriorate quickly, or can be compromised or washed off.

The social stigma attached to rape also makes it difficult for women to come forward to report such for fear of being ostracised. Only about 5 to 8 per cent of adult  sexual assaults are reported compared to 61 per cent of robberies and 82.5 per cent of burglaries. When interviewed, most women say they would rather keep any incident of rape to themselves. According to them, revealing such would only prolong their agony, as the society would see them as being sullied and treat them differently. From a mental point of view, this is most unhealthy.

So what can be done to make rape very unattractive to potential rapists? Certainly, more clearly defined laws on rape, with stiffer penalties without option of fine, will discourage the act to an appreciable extent. More seriousness and commitment on the part of the police to acquire relevant training needed to successfully apprehend and prosecute rapists will be a boost to discouraging such inclined offenders.

Finally, the society at large should adopt a more compassionate disposition to rape victims.