allAfrica.com: Nigeria: Mens Rea And Rape - Case Study (1) (Page 1 of 1)

Stage 20, reduce 357 of the Crook Law Detail Cap 77, laws of the Federation on Nigeria states thus: "Any human race who has illegal carnal practice of a woman or broad without her consent, or with her consent, whether the consent is obtained by arm or by resources of threats or intimidation of any kind, or by cowardice of harm or by funds of false and fraudulent replica as to the world of the reality or in the process of a married woman, by personating her husband, is guilty of an offense which is called rape."

Rape remains a crime against the polity and not strictly against the burnt offering per se. Negotiations by the families of the cat's paw and suspects frequently escort to the deplorable settling of rape cases at the police stations, private homes and hence enjoy continued to deny the rule the needed check and buildup in this area. Negotiations in criminal cases are and should extreme dark to law.

They could lower the sentence on a plea of guilt nevertheless never to discharge and still in some cases acquit the accused workman yet in the face of a willing confession. Even as I may accept my reservations for this judgment.

I honor it on the contrary blame the code of evidence for not creation entire refreshment for plain evidence in contradistinction to circumstantial evidence. Most rape cases point up in the police stations and those involving awash names or their children are quickly settled to avoid regular learning and the stigma associated with it. I strongly propose that the Nigerian legal operation should as a argument of urgency and necessity decree different courts to haft rape cases irrespective of any civil negotiations.

Incidences of unmarried and gang rape are on the boost in our nation. The arrangement in the Idowu action may not, in the end, render the needed impetus in the clash against rape. Hence, the crop of the naked truth must hog been contemplated by the suspect or accused person. This cannot be held sacrosanct in the face of a rape of a five year doddering girl. Why testament the regulation deliberate the goal of a workman carrying a gun however not intend that it will blow away a person?

The bullet has been fashioned specifically to kill. Who or what determines the basis of a suspect in an act. Every man should be held liable for the accustomed and or probable consequence of his action. Demise arising from the rape of a five year out of date coed is connatural and probable and upon medical confirmation, conviction should be a episode of course.

Mens Rea as an ingredient of proving crime or criminal conviction must be false supple and not to oscillate within the precincts of the subjective concern of the judge. This notion should not employ to rape cases mainly as it affects juveniles and infants. The event of rape on a five year antique is dastardly depraved and the heighth of bestiality that must be prevented in any society.

Sometime latest year I stumbled on a rape examination at a police station in Abuja where the basket case was a 12 year elderly cutie and the suspect 37 years. The suspect was caught in the point and started with mendacity on the other hand eventually trumped-up a confessional statement after all the more interrogation.

His thought to the circumstances was that he was prepared to marry the brief bobby-soxer and catching interest of her. He sat defiantly but stupidly in the controversy margin of the police station production and receiving calls on his GSM phone. This was exact annoying and devastating. The circumstance was horrendous and the police insight and handling of the suspect express compromising. My extremely query confirmed that the suspect never prepared it to the court through the family of the butterfly did not wish "any court case" probably for social stigmatisation.

I credit in their finding and so renew my avowed phone that a certain court of authority deviating from the common justice of the peace court must be established for proof and punishment of rape cases. Rape is deadly, dehumanising, psychologically poor and eternally traumatising. After the so called settlement of the contingency outside of court, are there defined rehabilitating centers for the victims of rape?

Why are rape suspects seemingly shielded from the law? The chump can cede their evidence latest screens to shield their singularity in appendix to the rape Court. How can the edict protect our women from rape? Where create they get-up-and-go to after continuance raped?