04 Jun 5 Ways the VAPP has changed the offence of Rape in Nigeria
The VAPP and Rape in Nigeria
In 2015, the Nigerian National Assembly passed the Violence Against Person (Prohibition) Act aka the VAPP.
This law is a very important piece of legislation for a number of reasons, and we will discuss a few of them below. However, before we go into the discussion there is one very important piece of information you need to know. The VAPP is only applicable in the FCT, Abuja. This is because even though it was made by the National Assembly, it was only made applicable in the FCT, and only the High Courts of the FCT had the jurisdiction over crimes created in the VAPP. However, a number of States around the country have now passed their own versions of the Law applicable in the respective States. These States are Anambra, Bauchi, Ekiti, Enugu, Kaduna, and Oyo.
Now, how exactly has this law revolutionised the office of Rape in Nigeria?
Who can be raped?
Prior to this law, only women could be ‘raped’ in the legal definition of the word. However, this Law now provides that men CAN be raped – The Violence Against Persons Prohibition Act is the first piece of legislation in Nigeria which recognises that men are capable of being raped. All previous laws only define the offence in relation to women. In the definition of rape in other criminal statutes, reference is made to penetration of the vagina, and because only women have vaginas, only women can be raped. The VAPP acknowledging that men can be raped is therefore very revolutionary.
What qualifies as Rape?
In other rape laws, only vaginal penetration could be classified as ‘rape’. This law states that unlawful anal or oral sex can be rape, it is the first piece of legislation to classify both acts as rape and not sexual assault.
What can be used to Rape?
The Law states that the instrument of rape does not have to be a penis, it can be another part of the body e.g. hand, or an object e.g. dildo or even objects like pens, pencils etc. The other laws that deal with rape specify that a penis must have vaginal penetration for it to be the offence of rape. Therefore, we can see that the Violence Against Person (Prohibition) Act is focusing on the violation of the person’s body when viewing the act of rape, and not a strict view of the fact that for it to be rape there must be ‘sex’.
What happens when there is more than one Rapist?
The Law recognises the concept of ‘gang rape’ and provides for a minimum of 20 years’ imprisonment for those who are found guilty of it.
What is the Penalty for Rape?
In other legislations like the Criminal Code, the law provides for a maximum penalty, which means that the judge had the discretion to sentence an offender to less than the maximum penalty. The VAPP takes away this discretion to some extent, it states that once the crime of rape is proven, the offender must be sentenced to a minimum penalty of 12 years for rape. However, the judge still has the discretion to sentence the offender to more than 12 years. The Law also recognises the rights of the victim to financial compensation. Financial compensation for victims is a welcome trend in Victim rights which looks to help the victim in rebuilding their life after an act of rape. For example, the victim might need to go for therapy etc after being raped, and this would normally have been paid by the victim, now with victim compensation, the offender could be made to pay financial compensation to the victim which would cover these sorts of expenses. The Law also provides that rapists when convicted will have their details entered into a sex offenders register. A sex offender register is a system designed to allow government authorities to keep track of the residence and activities of sex offenders, including those who have completed their criminal sentences. The VAPP does not go into detail about the modalities of how the sex offenders registry would be created and would function, however it is a laudable step in the right direction.
As can be seen from the above points, the VAPP Act is indeed revolutionary as regards the law of rape, and we at LawPàdí hope the agencies of government charged with the responsibility of implementing the Law will do so properly.
HAVE YOU BEEN RAPED OR DO YOU KNOW SOMEONE WHO HAS?
If you’ve been raped or sexually assaulted, then you should not suffer in silence. Rape is a crime in Nigeria, and if you are a victim you should report the matter to ensure that the person is punished, and ensure that the person does not get an opportunity to do it to someone else again in the future.
Reporting rape can be a very emotional and difficult thing to do, so you should consider getting support from organisations like Mirabel Centre – http://mirabelcentre.org/ , where rape and sexual assault victims can get access to forensic medical assistance, and more importantly professional counselling services. They are located at Lagos State University Teaching Hospital (LASUTH) Ikeja, Lagos, and are open from 9am – 5pm – Monday – Friday, and 10am – 4pm on weekends & Public Holidays. They can also be reached on these numbers: 07013491769, 01-2957816, 08176275732, 08176275695; and on Twitter: @MirabelCentreNG and Facebook: www.facebook.com/MirabelNigeria
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