RAPE AS A CRIME.
*THE GENDER INEQUALITY UNDER OUR LAW*
This topic is strictly sensitive and only for matured mind.
The topic rape is a very important topic when it comes to Criminal Law. I can remember vividly my campus days, when we received lectures on Criminal law. One of our renowned lecturer and a guru on Criminal Jurisprudence, Okey Onunkwo now a Judge of Anambra State High Court, dissected the topic “RAPE” as defined under Section 357 of Criminal Code.
Barrister I.A. Muoneme Esq.
The key Legal requirement/elements of proving rape are:
-Absence/Lack of Consent
-There must be penetration
However one of the element bothering on what I want to treat now is the key element of rape which is “THERE MUST BE PENETRATION”
These were the gender discrimination comes into play. What it posit is that the law recognize that is only a MALE that can commit the offense of rape. Thus the FEMALE counter part cannot commit rape against the opposite sex. The reason is very simple that the only person that can commit rape is the person that can be able to PENETRATE and thus the female have no sexual organ that can make such to happen.
Now my argument is, why the discrimination under our law, does it mean that women cannot rape but only men that can rape?
Another argument postulated by one of this FIDA Lawyers is that no amount of force or fear of threat can make a man sexually arouse to commit rape. Because a man under fear to have sex cannot witness erection because of lack of urge which fear cannot arouse. Thus the law is very right when it comes to it’s angle of view on rape.
But I disagree with that postulation because rape can even be committed against a man even without use of force of fear IF the element of Penetration is not a key prove of Rape against a man by a woman. What matters is so far there is lack of consent. A man can be drugged sexually or got drunk and be sexually aroused to witness erection by a woman or women so as to have sexual advantage of him. Where such a thing happen, mind you that there was no consent and such can on it’s own constitute rape. But when it comes to cases like this, our law do not recognize it as rape simply because there was no act of penetration against the person being raped! So for me the this is the inconsistency and the inequality under the law!
Why I am diving into this issue is because of so many lawyers claiming women and minority right under the umbrella of FIDA as I witnessed in court today. There are also part of our laws discriminating against men too that also calls for men and Minority right too!
On this note I advocate for review of our Criminal Law with regards to rape and it’s definition under the law. This is because where a man can commit rape, a woman can as well do so, base on the principle of what a man can do, a woman can do it better!
I A Muoneme Esq.