CHAPTER ONE

1.0 GENERAL INTRODUCTION

1.1 BACKGROUND TO THE STUDY

“For every woman and girl violently attacked, we reduce our humanity. For every

woman forced into unprotected sex because men demand this, we destroy dignity

and pride. Every woman who has to sell her life for sex we condemn to a lifetime

in prison. For every moment we remain silent, we conspire against our women.

For every woman infected by HIV, we destroy a generation”.

~Nelson Mandela (Former President of South Africa)1

Sexual violence is so widespread that it can be traced all the way back to Ancient Greece and

Rome, when women were viewed as property with no rights to their bodies or sexual integrity. It

is presumed to have begun in times of slavery and has for a long time been the brutal part of

human story.2 During times of peace, rape of women was consequently deemed a property crime

that only affected their owners: husbands, sons or brothers. 3 It has been a prevalent occurrence4

and topic of conversation in Nigeria nowadays. Sexual violence especially during war times was

an act of dominance and power used to torture, demean and castigate people who were members

1
News 13 Florida/ Florida,‘9 memorable Nelson Mandela Quotes’, [2013]. Available at
<https://www.baynews9.com/fl/tampa/news/2013/12/5/quotable_nelson_mandela> accessed 5 th September 2021
2
History.com staff, ‘When Sexual Assaults Made History- History’ [2018]. Also available at < https://
www.history.com/news/sexual-assault-rome -slavery-columbus-jim-crow> accessed 24 th December 2021.
3
Anne- Marie de Brouwer’, Charlotte Ku’, Renee G Romkens’, Larissa J Herik[ eds.], ‘Sexual Violence as an
international Crime: Interdisciplinary approaches’[2013] Journal of International Criminal Justice available at
<https://academic.oup.com/jicj/article> accessed 19th August 2021
4
Olivia Egen, 1,2; Laura M. Mercer Kollar, Jenny Dills, Kathleen C. Basile, Bethlehem Besrat, Laura Palumbo,
Kellie E. Carlyle, ‘Sexual Violence in the Media: An Exploration of Traditional Print Media Reporting in the United
States’[2014-2017]. Also available at <https://www.cdc.gov/mmwr/volumes/69/wr/mm 6947a1.htm> accessed 19th
August 2021

1
of the enemy’s communities. Armed groups were allowed to perform sexual violent acts on their

victims and it was done strategically to advance the objectives of militants.5

Victimization of women has become a norm. As a result, any indicators of the procedures used

and the scale of the callousness were ignored. Sexual violence was not proscribed until the late

twentieth century, when it was no longer regarded a minor issue. Several authors have conducted

studies worldwide on the increasing reports of domestic violence as well as sexual violence in

public spaces and their status in relation to rapid social changes. Some of them have argued that

as women break through and take on a much larger role in the society, stress will increase

creating an imbalance between sexes. The tension can manifest itself in violence against women

as an attempt by men to maintain traditional gender structures of power in transition. 6

Despite its heinous nature, many people or groups of people still practice some forms of sexual

violence like female genital mutilation, forced abortion, forced marriages, trafficking of people

for the purpose of sexual exploitation and so on. Meanwhile Chapter IV of the Constitution of

the Federal Republic Of Nigeria,1999 (CFRN) promotes and protects the rights of every member

of the society including victims of sexual violence.7

Nigeria is a Federal State with an estimated population of about 200 million people 8. The

Nigerian Society is inherently patriarchal. This is due to the influence of various religions and

5
Megan Bastick, Karen Grimm, Rahel Kunz, ‘Sexual Violence in armed conflict-global overview and implications
for the security sector [2007]. Available at < https://gsdrc.org/ document-library sexual-violence-in-armed-conflict-
global-overview-and-implications-for-the-security-sector/ > accessed on 21 st August 2021
6
Sandra Neuman, ‘The Issue of Sexual Violence against Women in Contemporary India’[2013]. Available at
<www.diva-portal.org/smash/get/diva2:6348333>accessed 26th August 2021.
7
Sections 33- 46 Constitution of the Federal Republic of Nigeria 1999 as amended 2010 accessed 19 th December
2021
8
United Nations News ,‘Annan Calls for More Political Will to Combat Scourage of Violence Against
Women’[2006]. Available at <https://news un.org/en/story/2006/10/195532-annan-calls-for-more-political-will-to-
combat-scourage-of-sexual-violence-against-women> accessed 19 th September 2021

2
customs in many parts of Nigeria. Here, women are viewed as the ‘weaker sex’ and

discriminatory practices by the state and society(especially men) are condoned. 9

Sexual Violence acts are discriminatory in nature, however women or females are most times its

victims. There are three variants of laws of sexual violence that discriminate against women such

as the Criminal Code which operates in the Southern part of Nigeria, the Sharia Penal Code

which operates in about twelve states in the Northern Part of Nigeria and the Penal Code which

operates in the non-Muslim majority states in the North. 10 Formerly, the Penal Code operated in

the North, but recent changes have occurred that redirected the Penal code to operate in Criminal

matters.

In Nigeria, marital rape is not legally recognized and, therefore, is not a crime. Section 282 of the

Criminal Code and Section 357 of the Criminal Code pardons perpetrators of marital rape to

avoid punishment. Customary law is not developed as many cultures are unwritten and do not

recognize marital rape as a form of rape and some customary law promotes irrational widows'

customs (including the widow's estate by her brother-in-law on the basis of her husband's family

property). The enactment of the Prevention of Violence Against Women (VAPP) Act is a

significant development that has the potential to transform the environment of violence against

women in Nigeria but only eighteen states have approved and implemented the necessary

regulation to implement VAPP.

The key dispute is not passing the law but the implementation of the laws. While the laws will

bring about noteworthy changes from the current situation, appropriate enforcement measures

9
Sefinatu Aliyu Dogo, ‘The Nigerian Patriarchy; when and how’ [2014] Journal of Cultural and Religious Studies.
Available at <https://www.semanticsch olar.org/paper/> accessed 20 th December 2021
10
Eghosa Osa Ekhator, ‘Women and the Law in Nigeria: A Reappraisal’[2015] Journal of International Women
Studies. Available at <https://www.researchgate.net/publication/271764111_Women_and_the_Law_in_Nigeria_
A_Reappraisal> accessed 20th December 2021

3
and general societal change towards sexual violence against women will result in significantly in

the elimination of Sexual violence against women.

1.2 STATEMENT OF PROBLEM

The concept of Sexual Violence has never really been seen as a major issue until the twentieth

century, this is because it has always been a part of us. This gives room for continuous sexual

abuse both in Nigeria and all over the world. Some cultures and some people still see it as a

norm, because they believe that it is how their culture has survived for a long time. As a result of

this archaic belief, victims of sexual violence are not easily protected even though they have

rights. One major problem of sexual violence all over the world is the implementation of the

laws created to prevent them.

Currently in Nigeria, many states have laws for the purpose of protecting women against sexual

violence. However, there is no comprehensive federal framework just for the purpose of

protecting women against violence in general. This is a great disadvantage for women because

many Nigerian women experience sexual violence daily. The current position of Nigerian laws

protecting women against violence need updating, improvement, implementation and more

governmental support. Consequently, the following research questions have been formulated.

1.3 RESEARCH QUESTIONS

Taking into account the background of the research and the formulation of the research problem,

these questions are raised:

1. What is the effect of Sexual Violence?

2. What is the role of law in protecting against sexual violence in Nigeria?

3. How effective are the legislations on sexual violence against women in Nigeria?

4
 4. What are the challenges in protecting the victims of sexual violence?

1.4 AIM AND OBJECTIVES OF STUDY

The aim of this research is to unravel the concept of sexual violence against women The

objectives are to examine:

1. The effect of sexual violence

2. The role of law in protecting sexual violence in Nigeria.

3. The effectiveness of the Legislations on Sexual Violence against women in Nigeria.

4. The challenges affecting the victims of sexual violence.

1.5 RESEARCH METHODOLOGY

The research methodology used here is the doctrinal legal research method. 11 This study is gotten

from both primary and secondary sources of information, the primary source being the bona fide

source of the law. These primary sources include local legislations such as the Constitution of the

Federal Republic of Nigeria 1999(as amended), the Criminal Code Act, the Penal Code Act, the

Violence against person(prohibition) Act, also the Convention on the Elimination of All Forms

of Discrimination Against Women.

On the other hand, secondary sources are reference sources that, like this study, try to explain

and interpret the law, including journal manuals, articles and materials from the Internet. The

resources acquired from those sources are explored for content. This will enable us to understand

the concept of sexual violence.

11
Lego Desk, ‘What is Doctrinal and Non Doctrinal Legal Research’ <https://legodesk.com/legopedia/what-is-
doctrinal-and-non-doctrinal-legal-research/> Accessed September 17, 2021

5
1.6 SCOPE OF THE STUDY

The main focus of this study is to examine the legal framework of sexual violence and its effects

on women, to investigate the reasons sexual violence remains a norm especially in various

cultures. This study seeks to illustrate the various laws available for the protection of women’s

rights and the extent to which they protect women from sexual violence.

It will also examine the forms of sexual violence and the effects of sexual violence on women

and the society. Such forms include: Gang rape, Sexual violence by intimate partners, Sexual

violence against sex workers etc.

1.7 SIGNIFICANCE OF STUDY

The problem of Sexual Violence in Nigeria is a Cankerworm in the Nigerian Society. The

significance of this study is to appraise existing legal framework and the forms and the effects of

violence and proffer solutions for the development of law regarding women’s right.

Hence, it is hoped that this study will contribute to the improvement on the laws for the

protection of women’s rights in Nigeria and educate readers on existing rights. This work will

benefit advocates and activists of women’s rights.

1.8 LITERATURE REVIEW

The literature on this subject is extensive. Sexual violence and rape are often used

interchangeably, however, it is important to note that rape is one of the forms of sexual violence

and that sexual violence is a wider form of all non-consensual sexual activities.

6
The study highlights the adequacy or inadequacy of various research works

sorted out by scholars on sexual violence against women in Nigeria, the

inherent challenges and how the legislation can provide a model for Nigeria.

Violence against women and girls is amongst foremost frequent violations of human rights

within the world. It knows no social, economic or national boundaries. It is estimated that each

third woman worldwide will experience physical or sexual violence in her life. Gender-based

violence weakens the well-being of its victims, but remains cloaked in a culture of silence.

Victims of violence can suffer sexual and reproductive health consequences, including unwanted

pregnancies, abortions, sexually transmitted infections and even death.12

Sexual violence is not a new phenomenon and has been brought to the

limelight, following the incessant occurrence of the menace. The scope of

sexual violence varies from jurisdiction to jurisdiction and what may be

regarded as sexual offence in Nigeria may not be regarded as such in other

countries.

According to Gavey, sexual violence can occur in a range of contexts, but

universally it is recognized as being predominantly a crime in which the

victim is female and the perpetrator is male. 13The common perception of

rape is that the perpetrators are strangers and /or recent acquaintances. He

explained that sexual violence can only be done by strangers or people that

have be done recently acquainted. This view on Sexual violence is not

12
Staff, “ The Effects of gender based violence’,. Available at < https://www.askedon.com/effects-of-gender-based-
violence/> accessed on 21st October 2021.
13
Nicola Gavey, ‘ Sexual Violence and Sexuality’. Available at < https://www. Rsearchgate.net/sexual-violence-and-
Sexuality/> accessed on 21st October 2021

7
entirely agreed with and this is because sexual violence or rape can be done

by fathers, Uncles or even brothers.

In 2011 a Sarawak father, grandfather and uncle were sentenced to 335

years in prison for the continuous of the father’s 19 years old and 14 years

old daughters.14

1n the year 2015 in Lagos, Nigera, Linda Ikeji narrated in her blog a story of

a 37 years old father who was arrested for raping his daughters of ages 6

and 4 and his 15 years old step daughter.15

Isley and Garamone define sexual abuse as any sort of non-consensual

sexual contact and they are of the opinion that sexual abuse can happen to

men and women of any age but sexual violence is more prevalent among

females16. This definition explains that anyone can be a victim of Sexual

Violence but most of its victims are females. Sexual violence also occurs

amongst men but because of fear of stigmatization, they refuse to come

forward when they are sexually abused. Most times, it will be laughed at and

this is because men are viewed as strong people.

14
Sadho Ram, ‘Sarawak Dad Who Raped Hos Own DaughtersWith Their Granddad and Uncles Jailed For 335
years. Available at < https://says.com/my/new /355-years-of-jail-for-father-who-raped -his-own-daughters-with-
their-grandfather-and-uncles> accessed 21st Feburary 2022.
15
Linda Ikeji, ‘Man rapes two daughters, stepdaughter in Lagos’ [2015]. Available at <
https://www.lindaikejisblog.com 2015/08/man-rapes-two-daughters-/ stepdaughter-in.html> accessed on 16 th
March 2022
16
P.J Isley and D. Gehrenbeck-Sim, ‘Sexual Assault of Men the Community’ [1997] Journal of Community
Psychology. Available at < https://www.dee pdyve.com/lp/wiley/sexual-assault-of-men-in-the-community-
cS7iQoa0EI >accessed 16th September 2021

8
Sexual Violence occurs in various forms, with rape being the most rampant 17.

Brigneti and Egbonimali,18 examined rape in Nigeria, the theory and reality.

According to them, rape is the act of sexual violence that involves

intercourse without consent or against someone unwilling to engage in the

act. In considering the issue of consent however, it is believed that when the

female is either lunatic or below the age of 14 years, her consent will not be

valid.19 They made emphasis on understanding rape if it needs to be

abolished. In full light of this, if the act of the crime of rape is not seen from

the view of the victim, fighting rape will not be easy. The authors are of the

opinion that the laws made to protect women against sexual violence make

them victims instead. This is because they are discriminated in their

societies or communities, once it is known that they were once victims of

sexual violence. They are also of the opinion that customary and religious

practices have played a major role in the rampant increment in sexual

violence against women.

According to Labe in his work, some problems these women face according to the authors

include PTSD, sexual arousal inhibition, sexual avoidance contact, anger and hatred. 20 Others

include paranoia, fear of relationship with men as well as stress and re-experience of grief from
17
Women at Risk International Foundation, ‘Rape Stats in Nigeria’. Available at
,https://warinfng.org/rape-stats-in-nigeria/> accessed 16th September 2021
18
P. Brigneti and S. Egbonimali, ‘Rape in Nigeria: Theory and Reality’, Available at
< https://www.guardian.co.uk/world/2002/aug/20/qanda.islam> accessed 17th September 2021
19
Igbinedion University Journal of Jurisprudence and Public law.
20
M Labe, Amande, A. M., Terngu, T. P., & Atsehe, A. P in their article Sexual Violence Against Women in Nigeria
and Victims’ Susceptibility to Psychological Distress and Sexual Dysfunction. Available at
<https://www.researchgate.net/publication/350h951503_SEXUAL_VIOLENCE_AGAINST_WOMEN_IN_NIGE
RIA_AND_VICTIMS%27_SUSCEPTIBILITY_TO_PSYCHOLOGICAL_DISTRESS_AND_SEXUAL_DYSFUNCTION accessed 29
September 2021

9
the unpleasant memories of the rape incidence. In their opinion, women who have been exposed

to rape need intensive and suitable psychological intervention to heal their traumatized emotions

that induce psychological distress and sexual dysfunction. This explained that different victims

of sexual violence are affected in different ways and heal differently.

Ipekten Alaman M, Yildiz believe that sexual violence is a type of domestic violence that occurs

in marriages. They believe that sexual violence in marriages should be addressed alongside

intimate partner violence21. This definition is of the view that sexual violence can occur amongst

spouses. In Nigeria, marital rape is not considered an offence. It is implied that a wife has given

consent on sexual intercourse to her husband in their marriage contract. This implied consent can

be revoked either by separation or by an order of the Court. 22 Sir Matthew Hale in his book

“History of the Pleas of the Crown” wrote that a man cannot be guilty of rape he committed on

his lawful wife because by their mutual matrimonial consent and contract, the wife has giving

herself unto her husband and she cannot retract it.

According to Robert L. Holmes' “Sexual Harassment and the University” article, sexual

harassment is a gender-based expression that strengthens men's power over women. 23He is of the

opinion that sexual violence or sexual harassment is not enough in universities. At some

Nigerian universities, female university students are sexually harassed or even placed in a

position where they have to engage in sexual misconduct in order to earn a grade.24

1.9 SYNOPSIS OF CHAPTER

21
Ipekten Alaman M, Yildiz H, ‘Domestic sexual violence and sexual problems among gynecology out patients: an
example from Turkey. Women Health. 2014;54(5):438-54.
22
Chioma Unni Marital rape under Nigerian law - TheNigeriaLawyer >> accessed 21st February, 2022
23
Holmes Robert, Sexual Harassment and the University. Available at https://www.jstor.org/stable/2 7903500>
accessed at 26th February 2022
24

10
This body of work contains five chapters. The different chapters altogether will discuss the

concept and causes of sexual violence against women: the forms, consequences and factors; a

review of the efficacy of the local and international legal framework on the regulation of all

forms of sexual violence against women and the roles of the government. The contents of each

chapter shall be further summarized below.

Chapter One of this study gives a general introduction and basis for the subject matter that is

Sexual Violence against women and women’s rights in Nigeria. It also focuses on issues like the

statement of research problem, research problem, aims and objectives of the study, research

methodology, literature review, scope and limitation of the study, and significance of the study.

Chapter two of this study shall explore the concept and the forms of sexual violence against

women in Nigeria and the effects it has on women, the community and the nation.

Chapter three of this study provides an overview off the existing laws protecting women’s rights

in Nigeria. Such as the National and International laws.

Chapter four of this study discusses barriers and solutions to curbing sexual violence against

women in Nigeria.

Chapter five of this study is the summary finding and concluding chapter and it will state

recommendations for the improvement of women’s rights in Nigeria.

11
 CHAPTER TWO

2.0 CONCEPTUAL AND THEORITICAL ANALYSIS

2.1 Introduction

The aim of this chapter is to examine the concept of sexual violence as it pertains to Nigeria.

This chapter considers the types of sexual violence, theories of violence and theories of sexual

violence if any. At the end of this chapter, the causes and factors of sexual violence in Nigeria,

consequences of sexual violence in Nigeria.

The issue of sexual violence is not a novel one in the society. The World Health Organization, a

global organization that works worldwide to promote health, keep the world safe, and serve the

vulnerable, estimates that globally about 1 in 3 (30%) of women worldwide have been subjected

to either physical and or/sexual intimate partner violence or non-partner sexual violence in their

lifetime.25 Since October 2017, the hashtag MeToo phrase associated with women who have

been survivors of sexual harassment and sexual assault used across several social media

platforms such as Instagram, Facebook and Twitter, has put the topic of sexual violence of the

25
World Health Organization, ‘Violence Against Women’ [2021]
<https://www.who.int/news-room/fact-sheets/detail/violence-against-women> accessed 28 September 2021.

12
global agenda again.26 Although men are equally exposed to sexual violence as women, statistics

reveals that women are victims of sexual violence more often than men. For example, in the year

2017, the Crime Survey England and Wales estimated that 20% of women and 4% of men sexual

assault since the age of 16, this also translates to 3.4 million female sexual assault victims and

631,000 male sexual assault victims. Perpetrators of sexual violence against women can be by

persons who are partners or non-partners of women, known men either from the workplace,

school or family setting or men who are strangers entirely. 27 Sexual violence encompasses a

range of acts, from verbal harassment to forced penetration, and different degrees of coercion

from intimidation to physical force.28

This Chapter is divided into three main parts, with the introduction being the first part, the

second part of this work examines under relevant sub-headings: the definition of violence and

sexual violence, types of sexual violence, theories of violence and sexual violence, causes and

factors of sexual violence, among others. The third and last part of this chapter provides the

conclusion.

2.2 Definition of Violence

Violence is an act of using physical force to destroy, abuse or injure. 29 According to World

Health Organization’, violence is the intentional use of physical force or power against oneself,

26
Willy Van Berlo and Rachael Ploem, ‘For Sexual and Reproductive Health and Rights’ (Rutgers 2018).
27
Ines Domenech del Rio, Elena Sirvent Garcia de Valle, ‘Non-partner Sexual Violence Against Women in Spain:
Lifetime Prevalence, Perpetrators and Consequences on Mental Health’ [2015] (39) (4) Journal of Public Health;
738.
28
Ibid.
29
Merriam Webster. Available at <https://en.wikipedia.org/wiki/Merriam-Webster> accessed 21st December
2021

13
another person, or against a group or community which results in a high likelihood of death,

injury and psychological harm.30

2.3 THEORIES OF VIOLENCE

The theories of violence to be examined here are of a general nature rather than a particular type

of violence. Traditional explanations of violence begin as ad hoc explanations that try to keep

account of violent events that occur due to gender, ethnicity, class and so on31

a.) Psychological theory of violence recognizes that all forms of violence and aggression are

connected with each other and it requires cross-cutting related work that incorporates

from behavioral and psychological, neuroscience and social sciences.32 In this theory of

violence, individual characteristics may interact with social environment. This theory

scrutinizes the characteristics that influence the internal aspects of criminal behaviors.

From this perspective, a major product of psychological deficits in development is

criminal behavior. In this theory factors due to situations of events that might influence

criminal behavior are ignored.

b.) Sociological theory of violence focuses in assessing the interaction of individuals with

their social environment.33 This theory argues that society plays a significant role in

influencing an individual’s concept of deviance. In this theory individuals are labeled as

30
World Health Organization, ‘Global Status Report on Violence report’[2014]. Available at
<https://www.who.int/publications/i/item/9789241564793> accessed 21st December 2021
31
Walter S. Dekeseredy, Barbara Perry, ‘A critical Perspective on Violence was published in Advancing Critical
Criminology: Theory and Application’ {2006]. Available at <http://www.greggbarak.com/custom3_2.html>
accessed 21st December, 2021
32
American Psychological Association, ‘Psychology of Violence’. Available at
<https://www.apa.org/pubs/journals/vio> accessed 21st December 2021.
33
Paper Due, ‘Sociological Theories Explaining Violent Behavior and Serial Murder Research Paper. Available at <
https://www.paperdue.com/essay/sociological -theories-explaining-violent> accessed 21st December 2021.

14
 deviant by the society and are therefore shunned. Once the society labels the individuals

and their acts as deviant, they cannot disprove it, this is because the society has already

accepted it.34

c.) Evolutionary theory of violence explains human aggression as adaptive and occurs when

certain conditions are met. Evolutionary psychologists proposed their own theory of

violence in attempt to explain. The proponents of the evolutionary theory are of the

opinion that human aggression emerged as a solution to survival related problems. 35 This

explains that the evolutionary theorist opined that aggression emerged or evolved to act

as solution to certain problems.

d.) Interest-group theories of violence claims that by placing groups with different beliefs,

values and norms against each other, violence and hate crimes will reach elevated

levels.36 This theory is of the opinion that violence can occur when different cultures,

beliefs, values and norms are placed against each other.

2.4 SEXUAL VIOLENCE

Sexual violence, in a broader sense unwanted sexual behavior, does not only include violent

rape, but a range of behaviors that vary in severity: from an unwanted sexually explicit remark to

indecent assault and rape.37 Thus the definition of sexual violence extends beyond the mere

understanding of sexual violence as rape which refers to the forced physical penetration of a

woman by a male assailant.38 According to the WHO, “sexual violence is any act, attempt to
34
Ibid
35
Study Corgi Free Essays, ‘Evolutionary Theory of Aggression’. Available at << https://
studycorgi.com/evolutionary-theory –of-aggression>> accessed 29th December 2021.
36
Nicole Kennan, ´Theories of Violence;. Available at < https:// philologiavt.org/articles/10.21061/ph.222/>
accessed 29th December 2021.
37
Willy Van Berlo and Rachael Ploem, ‘For Sexual and Reproductive Health and Rights’ (Rutgers 2018).
38
Laura Rymel, ‘What is the Difference between Rape and Sexual Assault?’ Briefing Paper College Sexual Assault
[2005] <https://web.archive.org/web/20050118192228/http://www.svrc.net/files/sexualassaultbriefingpaper-
february2.pdf> accessed 28 September 2021.

15
obtain sex, unwanted sexual comments or advances against a person’s sexuality, by any person

regardless of their relationship to the victim, in any setting. Thus, sexual violence can involve

various non-consensual sexual acts, including unwanted comments, kissing, touching sexual

parts of a person’s body, forced masturbation, attempted rape and the act of rape itself. 39 Another

definition explains sexual violence to be unwanted penetration by use of force or alcohol/drug

facilitation (e.g. rape), pressured sex (e.g. sexual coercion), unwanted sexual contact (e.g.

groping), and noncontact unwanted experiences (e.g. unwanted sexual remarks) and maybe

considered “sexual harassment” in certain settings such as workplaces. 40 Sexual violence also

according to the WHO “can include other forms of assault involving a sexual organ, including

coerced contact between the mouth and penis, vulva or anus.” Finally, the term ‘sexual violence’

is used as a general term to cover all forms of abuse, coercion and force that women often

experience from men.41 This author aligns with the definition put forward by the WHO, thus

sexual act is any act directly committed against the sexuality of a person and causes harm to such

a person whether in body, physically, or physiologically.

2.5 Types of Sexual Violence

The WHO posts that a wide range of sexual violent acts can take place in different circumstances

and in different settings. It is to be noted that sexual violence can be effected in many forms but

the consensus remains that the victim of sexual violence is never to be blamed for such

incidences. The following are the types of sexual violence as put forward by the WHO

a. Sexual violence by intimate partners

39
Ibid.
40
Kathleen C. Basile and Ashley S. D’Inverno, ‘National Prevalence of Sexual Violence by Workplace-Related
Perpetrator’ [2020] (58) (2) Am J Prev Med; 216.
41
Liz Kelly, ‘The Continum of Sexual Violence’ in Hanmer J. Maynard (eds) Women, Violence and Social Control.
Explorations in Sociology (British Sociological Association Conference Volume Series (Palgrave Macmillan 1987),
46-60.

16
 b. Forced Sexual Initiation

c. Sexual Trafficking

d. Gang Rape

e. Sexual Violence against Sex Workers

f. Sexual Violence in Schools, Healthcare Setting, Armed Conflicts and Refugees Settings

Schools

2.5.1 Sexual Violence by Intimate Partners

The study of sexual violence occurring in society attest to the fact that sexual violence most often

is perpetrated by someone known to the survivor.42 Reports from the WHO state that in Mexico

and the United States for example, 40-52% of the women experience physical violence by an

intimate partner also been sexually coerced by that partner. 43 Intimate Partner Violence (IPV) is

one of the most common forms of violence against women and includes physical, sexual, and

emotional abuse and controlling behaviors by an intimate partner. 44 In first world country like

England, statistics from the WHO still reveal that 23% of women in North London, England

have been a victim of wither an attempted or completed rape by a partner in their lifetime. 45 IPV

affects adolescent girls as well as older women, within formal unions in settings where girls

42
The Rape, Abuse & Incest National Network ‘Intimate Partner Sexual Violence’
<https://www.rainn.org/articles/intimate-partner-sexual-violence> accessed 28 September 2021.
43
World Health Organization ‘Sexual Violence’
<https://www.who.int/violence_injury_prevention/violence/global_campaign/en/chap6.pdf> accessed 28 September
2021.
44
World Health Organization Understanding and Addressing Violence Against Women
<https://apps.who.int/iris/bitstream/handle/10665/77432/WHO_RHR_12.36_eng.pdf> accessed 28 September 2021.
45
Ibid.

17
marry young, and within informal partnerships such as dating relationships. 46 Thus even within

their intimate relationships women are far from being protected as they are still prone to the

danger of sexual violence.

2.5.2 Forced Sexual Initiation

Coerced or forced sexual initiation (FSI) is a first sexual intercourse (vagina, oral or anal)

experience resulting from nonconsensual sex, or sex that is coerced or physically forced, can

have detrimental effects on children and youth. 47 The WHO reports that the first sexual

experience of girls is often unwanted and forced. Also, the prevalence of FSI among females in

low-income and middle income countries in Africa is between 5%-46% and in Nigeria the

prevalence of FSI among female and male adolescents is 18.6%. 48 Young women who have

experienced FSI in their lifetime are prone to experience subsequent sexual coercion 49 and FSI is

often associated with intimate partner violence.50

2.5.3 Sexual Trafficking

Sexual trafficking is one of the grave ills still being faced in modern society targeted mostly

towards the women population. Each year hundreds of thousands of women and girls throughout

the world are bought and sold into prostitution or sexual slavery. 51 Sex trafficking is a

particularly degrading form of human trafficking, defined generally as recruiting, enticing,

46
Ibid.
47
Kimberly H. Nguyen, Mabel Padilla, Andres Villaveces, Pragna Patel, Victor Atuchukwu, Dennis Onotu, Rose
Apondi, George Aluzimbi, Peter Chimpo, Nzali Kancheya and Howard Kress, ‘Coerced and Forced Sexual
Initiation and its Association with Negative Health Outcomes Among Youth: Results From the Nigeria, Uganda and
Zambia Violence Against Children Surveys’ [2019] (96) Child Abuse & Neglect;104074).
48
Ibid.
49
Annabel Erulkar ‘The Experience of Sexual Coercion Among Young People in Kenya’ [2004] (30)(4)
International Family Planning Perspectives; 182-189.
50
Kouyoumdjian FG, Calzavara LM, Bondy SJ, O’Campo P, and Serwadda D, Nalugoda F., – Gray R ‘Risk factors
for intimate partner violence in women in the Rakai Community Cohort Study, Uganda from 2000 to 2009’ [2013]
(13) BMC Public Health; 566.
51
Migration Information Programme. Trafficking and prostitution: the growing exploitation of migrant women from
central and eastern Europe. Geneva, International Organization for Migration, 1995.

18
harboring, transporting, providing or obtaining either: an adult for commercial sex by force,

fraud or coercion, or a juvenile for commercial sex, regardless of the means. 52 Sex trafficking

includes a wide variety of traditionally accepted forms of labor, including commercial sex, exotic

dancing and pornography.53

2.5.4 Gang Rape

Rape as a concept refers generically to the forceful penetration of a person without lawfully

obtained consent. Gang rape refers to rape involving at least two perpetrators at the time. This

kind of rape, involving at least two or more perpetrators occurs in many parts of the world.

Several rape victims in sub-Saharan Africa often report that the violence incident they have

suffered was carried out by various perpetrators.

2.5.5 Sexual Violence against Sex Workers

Sex workers are female or male persons who receive money or goods in exchange for consensual

sexual acts.54 The WHO reports that sex workers are at high risk for both physical and sexual

violence particularly where sex work being done is illegal. 55 Sexual violence suffered by sex

workers usually go unreported a lot of times. Only 34% of those who has suffered violence at the

52
Robert Moossy, ‘Sex Trafficking: Identifying Cases and Victims’ National Institute for Justice [2008] (262). Also
available: < https://www.ojp.gov/pdffiles1/nij/225759.pdf> accessed 29 September 2021.
53
Logan, T ‘Human trafficking in Kentucky’ [2007] Retrieved from<
http://www.cdar.uky.edu/CoerciveControl/docs/ Human%20Trafficking%20in%20Kentucky.pdf> accessed 29
September 2021.
54
Maryland Coalition Against Sexual Assault ‘Sexual Violence Against Sex Workers’
<https://mcasa.org/assets/files/Sexual-Violence-and-Sex-Workers1.pdf> accessed 29 September 2021
55
World Health Organization ‘Sexual Violence’
<https://www.who.int/violence_injury_prevention/violence/global_campaign/en/chap6.pdf> accessed 28 September
2021.

19
hands of a client reported to the police after the incidence. 56 Because of the nature of the work of

sex workers, they are usually not eligible for rape victims compensation funds.57

2.6 THEORIES OF SEXUAL VIOLENCE

In the understanding of the nature of sexual violence, it is highlighted that the social nature of the

violence is perhaps illustrated best by examining theories about the causes of sexual violence that

have been developed across several disciplines.58 These theories have been divided into three

categories.59

a. Micro-oriented theories which emphasize intra-individual and social psychological

explanations. These includes social learning theories, theories of personality and

psychopathy, psychological and biological causes, the role of alcohol, social exchange

theory, and social resource theory.

b. Macro-oriented theories emphasize socio-cultural explanations such as feminist theories,

family violence perspectives, and subcultures of violence.

c. Multi-dimensional theories attempt to integrate individual and social factors.

Theories that focus on the reason why individuals are normally engaged in sexual violence are

referred to as micro-level or individual-level perspective. These include: social learning theory,

psychopathology, psychological, physiological explanations; resource theory and exchange

theory. Social learning theory suggests that individuals learn how to behave through experience

56
Ibid.
57
Sexual Violence against Sex Workers. Available at < Fact Sheet-Sexual Violence Against Sex Workers
(urbanjustice.org) >>> accessed February 21, 2022
58
Rebecca Campbell and Stephanie M. Townsend ‘Defining the Scope of Sexual Violence Against Women’ in
Claire M. Renzetti, Jeffrey L. Edleson and Raquel Kennedy Bergen (eds) Sourcebook on Violence Against Women
(Sage 2011); 96-107.
59
Jasinki J.L, ‘Theoretical Explanations for Violence Against Women’ in M. Renzetti, Jeffrey L. Edleson and
Raquel Kennedy Bergen (eds) Sourcebook on Violence Against Women (Sage 2011); 5-22.

20
and exposure to violence.60 A psychopathological explanation of violence against women

suggests that individuals who are violent towards women have a personality disorder or mental

illness that constrain normal inhibitions about violent behavior. Biological and physiological

explanations suggest that violence against women is related to the process of natural selection

such that men resort to rape in order to reproduce when they are unable to locate consensual

sexual partners.61 The social exchange theory, posits that men are engaging in sexually violent

acts with women to maintain their position in the social structure. The last theory under the

micro perspective, resource theory, is situated within the exchange theory framework. It posits

that men are using violence against women within the family to establish power over women in

the family dynamics when other resources of persuasion are lacking. 62 These theories in a distinct

ways contribute to the theory of sexual violence but to different extent possess inherent

deficiencies.

2.7 The Distinction between Sexual Violence And Domestic Violence

Although Domestic violence and sexual violence are prevalent issues suffered mostly by women

in society, the phenomenon of domestic violence and sexual violence are not identical. This

section discusses domestic violence and distinguishes between domestic violence and sexual

violence.

Domestic violence (DV) is a global problem that crosses cultural, geographic, religious, social

and economic boundaries and is a violation of human rights. 63 DV includes physical, mental,

financial, sexual and spiritual abuse that disproportionately impact on women, is a violation of
60
Ibid
61
Ibid.
62
Ibid.
63
Syazliana Astrah Mohd Idris, Nurul Nadia Abd Aziz, Raja Kamariah Raja Mohd Khalid, Nor Fadillah Mohamed
Nizar, Causes And Effects of Domestic Violence: A Conceptual Model on the Performance At Work Proceeding -
4th Putrajaya International Conference on Children Women, Elderly and People with Disabilities (2018)

21
women’s fundamental rights with respect to dignity, equality and access to justice. 64 The impact

of domestic violence stretches beyond the women who are the victims themselves to affect the

lives of their families, friends and communities. According to the Council of Europe Convention

on Preventing and Combatting Violence Against Women and Domestic Violence, (DV) can be

understood as all acts of physical, sexual, psychological or economic violence that occur within

the family or domestic unit or between former or current spouses or partners, whether or not the

perpetrators shares or has shared the same residence with the victim. 65 The term domestic

violence can be used interchangeably with ‘intimate partner violence’ and ‘family violence’

referring to the same acts of abuse by close partners of a person.

Oftentimes in society, domestic violence is considered to be an expression of unequal power

relations (both at personal, relationship, community and societal level) and is linked to issues of

social domination and economic control.66 Domestic violence refers to partner violence but can

also encompass child or elder abuse or abuse by any member of a household. Statistics reveal

that a significant population of husbands in marriages abuse their wives and the reason for this

violent behavior often includes: lack of harmony and understanding between partners, different

family backgrounds, financial problems, extreme jealousy mental disorders and lack of

religion.67 Domestic violence against women has been recognized as a public health concern with
64
Ibid.
65
Council of Europe Convention on preventing and combating violence against women and domestic violence
(Istanbul Convention), Article 3(b).
66
International Labor Organization, Domestic Violence and its Impact on the World of Work, <
https://www.ilo.org/wcmsp5/groups/public/---dgreports/---gender/documents/briefingnote/wcms_738117.pdf>
accessed 30 October 2021.
67
World Health Organisation (WHO), Global and Regional Estimates on Violence against Women. (WHO Library,
2013).

Cataloguing-in-Publication
Data, ISBN 978 92 4 156462
22
far-reaching consequences for the physical, health, reproductive and mental health of women. 68

In fact, it is not uncommon to hear that women die in their matrimonial home as a result of

domestic violence and violent treatment from their spouse. On national level, one in four women

in Nigeria reported having ever experienced intimate partner violence. 69 In addition to the above,

it was discovered cross-sectional study in Nigeria that community norms towards Domestic

Violence or Intimate Partner Violence contribute to the prevalence of IPV.70

Hence, from the elaborate discussion of DV above, the phenomenon is not identical to sexual

violence. While domestic violence is a global concern with significant public health impact, it is

recognized as one of the sexual violence women are exposed to. More so, for violence against a

woman to be categorized as domestic violence, it must occur within the confines of a close

relationship between a man and a woman (i.e. an intimate partner of a woman). Sexual violence

on the other hand, is a broader concept that encapsulates all kinds of unwanted sexual behavior

directed towards a person. Also, while there exists several legislations that criminalize sexual

violent acts such as rape and unwanted sexual assault, precise legislative provisions defining and

criminalizing domestic violence is still non-existent in several jurisdictions.

2.8 Causes Of Sexual Violence In Nigeria

To examine sexual violence and the way the social ill presents itself exclusively without an

investigation into the probable causes of this ill is problematic. Hence, it is important to highlight

that there are some factors that contribute to the occurrence of sexual violence in modern society.

68
Benebo,, Schumann, B. & Vaezghasemi, M. ‘Intimate Partner Violence Against Women In Nigeria: A Multilevel
Study Investigating The Effect Of Women’s Status And Community Norms’ [2018] (18)(136) BMC Women's
Health . Available at <https://doi.org/10.1186/s12905-018-0628-7> accessed at 30 October, 2021.
69
Ibid.
70
Ibid.

23
Patriarchy has been identified as one of the factors in society that encourage the occurrence of

sexual violence. Perpetrators having a strong sense of entitlement towards women, use power

and control to commit sexual violent acts.71 Also, most perpetrators uphold rigid “traditional”

gender roles that focus on the inequality of women and this allows them to treat women and

targeted victims without any regard nor respect. Similarly, Cultural myths about violence, gender

and sexual roles and acceptance of these beliefs have been shown to foster the occurrence of rape

in society. Such beliefs and myths also serve as rationalizations for those who commit sexually

violent acts.72 Some of these culturally sanctioned beliefs about the rights and privileges of

husbands have historically legitimized a man’s domination over his wife and warranted his use

of violence to control her.73

Violence against women is widely believed to be motivated by the needs of men to dominate

women.74 Authors have suggested that power and control frequently underlie intimate partner

violence and that such violence can also be a response to a man’s feelings of powerlessness and

inability to accept rejection.75 Research has found that motives of power and anger are more

prominent in the rationalizations for sexual aggression than sexual desires 76, and sexually

aggressive men openly admit that their fantasies are dominated by aggressive and sadistic

material.77

71
Rutgers, ‘Why Does Sexual Violence Occur?’ <http://vpva.rutgers.edu/sexual-violence/why-does-sexual-
violence-occur/> accessed 30 October 2021.
72
Nancy A. Crowell and Ann W. Burgress, ‘Understanding Violence Against Women’ (National Academic Press
1996). Also available: <https://doi.org/10.17226/5127.> accessed at 21 October 2021
73
Ibid.
74
Ibid.
75
Browne, A., and D.G. Dutton, ‘Escape from violence: Risks and alternatives for abused women--what do we
currently know?’ in R. Roesch, D. G. Dutton, and V. F. Sacco, (eds.), Family Violence: Perspectives on Treatment,
Research, and Policy. (Canada: British Columbia Institute on Family Violence, 1990); 65-91.
76
Lisak, D. ‘Subjective Assessment of Relationships with Parents By Sexually Aggressive And Nonaggressive
Men’ [1994] 9(3) Journal of Interpersonal Violence; 399-411.
77
Greendlinger V., and D. Byrne ‘Coercive Sexual Fantasies Of College Men As Predictors Of Self-Reported
Likelihood To Rape And Overt Sexual Aggression’ [1987] (23) Journal of Sex Research 1-11.

24
Another cause identified for the prevalence of sexual violence in society is the social learning of

sexual violence by men. Here, it is believed that violence against women endures in human

societies because it is modelled both in individual families and in society more generally and has

positive results: it leaves the perpetrator feeling better, often achieves its end in cutting off

arguments, and is rarely associated with serious punishment for the perpetrator. 78 So in this

context the happenings in societies contribute to predominance of sexual violence. For example,

failure of relevant institutions to hold the perpetrators of sexual violence accountable for their

actions, gives audacity to other male individuals of the society to engage in the reprehensible act.

The excessive use of alcohol is recognized as an identified cause of sexual violence and also

drinking alcohol may place women in settings where their chances of encountering a potential

offender are greater.79Alcohol may interfere with cognitive process, in particular, social

cognitions, also men under the influence of alcohol are more likely to misperceive ambiguous or

neutral cues as suggestive of sexual interest and to ignore or misinterpret cues.80

A cause of sexual violence that have been identified and which is easily applicable to a country

like Nigeria is poverty. According to the WHO in low income economies, poverty forces women

and girls into occupations that carry relatively high risk of sexual violence, 81 this is particularly

true for sex workers.82 Children of poor women may have less parental supervision when not in

school, since their mothers may be unavailable and unable to afford assisted care all of these put

78
Nancy A. Crowell and Ann W. Burgress, ‘Understanding Violence Against Women’ (National Academic Press
1996). Also available: <https://doi.org/10.17226/5127.> accessed at 21 October, 2021.
79
Ibid
80
Nancy A. Crowell and Ann W. Burgress, ‘Understanding Violence Against Women’ (National Academic Press
1996). Also available< https://doi.org/10.17226/5127.> accessed on 15 September, 2021
81
Omorodion FI, and Olusanya O, ‘The social context of reported rape in Benin City, Nigeria’ [1998](2) African
Journal of Reproductive Health; 37–43.
82
Faune MA, ‘Centroamerica: los costos de la guerra y la paz. [Central America: the costs of war and of peace.]’
[1997] (8) Perspectivas; 14–15.

25
the children at risk of being sexually exploited. Poorer women are also more at risk of intimate

partner violence than those better off.

All of these factors above are factors and causes that are directly applying to Nigeria directly or

indirectly. In Nigeria, sexual violence against women is aided predominantly by several toxic

cultural myths and beliefs for example, the belief that a woman’s dressing and body language are

the precipitators for rape, and the high rate of poverty in the society. The failure of the

appropriate authorities to address the many incidents of rape in the Nigerian society is also a

factor that increases the occurrence of sexual violence in the society.

2.9 Consequences of Sexual Violence In Nigeria

Generally, the consequences of sexual violence against women even in the Nigerian society are

far broader than the immediate impact on the women victims because not only the women but

their families and friends may be affected. 83 In a family setting and in the case of IPV there is a

likelihood of a negative impact on the children exposed to violence in the family. 84 According to

UNAIDS UNICEF and USAID 2002, Violence against women has incalculable costs to the

present and future generations in Nigeria and most times, it undermines human development in

significant ways.85

Sexual violence against a woman may limit her personal growth, her productivity, her socio-

economic roles, and her physical and psychological health in several ways. 86 Primarily, it

violates the human rights of women and leave victims of such sexual violence with
83
Nancy A. Crowell and Ann W. Burgress, ‘Understanding Violence Against Women’ (National Academic Press
1996). Also available: https://doi.org/10.17226/5127> accessed on 27 March 2022
84
Ibid.
85
UNAIDS, UNICEF. USAID ‘Children on the brink’ [2002] A joint report on Orphan estimates and programme
strategies.
86
Mary Esere, Adeyemi Idowu, Irene Durosaro and Joshua Omotosho, ‘Causes and Consequences of Intimate
Partner Rape and Violence: Experiences of Victims in Lagos, Nigeria’ [2009] (1) (1) Journal of AIDS and HIV
Research; 1-7.

26
psychological and social results that remain for a lifetime. 87 For example, rape is associated with

a host of short and long term problems including trauma, economic costs and death. Also, some

women who are often ashamed to reach out for help after experiencing sexual violence,

especially in a country like Nigeria where stigma is associated with victims of sexual violence,

most times suffer more severe traumas.

Most victims of sexual violence are exposed to physical consequences such as injury, death,

pregnancy and the transmission of sexually transmitted diseases. In 2020 a Nigerian woman,

Uwavera Omozuwa, was raped and killed in Edo state, Nigeria, in the same year Jennifer an 18

year old girl was raped and killed in Kaduna state, Nigeria. 88 STD infections has been discovered

in up to 43 percent of the victims of rape, 89 although the rate of the human immune deficiency

virus transmission due to rape is unknown it is estimated that a sizeable number of rape victims

are usually infected.90 In addition to death and the transmission of STDs, long-lasting symptoms

and illness have usually followed a sexual violent experience, including: premenstrual

syndromes, gastrointestinal disorders and variety of chronic pain disorders, headaches and back

aches.91

Relating to psychological consequences, victims of sexual violence exhibit variety of

psychological symptoms that a similar to those of victims of other types of traumas such as war

and natural disaster.92 Some of the behavioral patterns observed from such victims include:

87
Ibid.
88
Princess Igho Williams, ‘Justice for Uwa: Rape & Murder Case of Uwavera Omozuwa Lead to Other Justice
Movement for Victims in Nigeria’ < https://www.bbc.com/pidgin/tori-52895321> accessed 30 October 2021.
89
Jenny, C., T.M. Hooton, A. Bowers, M.K. Copass, J.N. Krieger, S.L. Hiller, N. Kiviat, and L. Corey ‘Sexually
transmitted diseases in victims of rape’ [1990](312) The New England Journal of Medicine; 713-716.
90
Koss, M.P., L. Goodman, A. Browne, L. Fitgerald, G.P. Keita, and N.F. Russon ‘No Safe Haven’ 1994
Washington, D.C.: American Psychological Association
91
Koss, M.P., and L. Heslet, ‘Somatic Consequences Of Violence Against Women’ [1992] (1) Archives of Family
Medicine; 53-59.
92
Nancy A. Crowell and Ann W. Burgress, ‘Understanding Violence Against Women’ (National Academic Press
1996). Also available: https://doi.org/10.17226/5127.

27
shock, denial, disbelief, confusion and withdrawal. 93 Some victims of sexual violence especially

where such violence is sustained over a significant period suffer from depression, thoughts of

suicide and actual suicide attempts.94 In a society like Nigeria, women who suffer sexual

violence may struggle significantly to find the right kind of assistance they need, they may also

suffer victim blaming, all of which contributes to their susceptibility to psychological traumas.

Other psychological symptoms include: lowered self-esteem, guilt, shame, anxiety, alcohol and

drug abuse and post-traumatic stress disorder (PTSD). 95

The woman who has been a victim of sexual violence at times may not be a lone sufferer. Hence,

although the woman bears the most effects of the horrific experience, family and friends may

also be participants in her suffering. For example, in IPV a woman’s children are exposed to

aggressive, anti-social behaviors and may manifest these behaviors at some point in their life.

2. 10 Conclusion

Sexual violence in my opinion is an unwanted and non-consensual act done to a person which

constitutes a violent act. Sexual violence unfortunately has been the reality of several women. At

least one in every three women have been subjected to sexual violence during her lifetime. It is

also an experience that has detrimental effects on a woman’s physical, mental, psychological

health, and several women have died as a result of sexual violence. Asides from the effects it has

on the victim, sexual violence may also have effects on the family and friends of a victim

especially where sexual violence leads to death. Therefore, sexual violence is a serious public

health problem affecting millions of people every day around the world. Finally, contributing

93
Ibid.
94
Hilberman, E., and K. Munson, Sixty battered women. [1978] (2) Victimology ;460-470
95
Walker, L.E. The Battered Woman (Harper and Row, New York).

28
factors of sexual violence ranges from social and economic contexts to the persistence of gender

inequality in modern society.96

CHAPTER THREE

3.0 LEGAL PROTECTION AGAINST SEXUAL VIOLENCE IN NIGERIA

3.1 INTRODUCTION

Sexual violence is a common and serious public health problem affecting millions of people each

year throughout the world. It is driven by many factors in a range of cultural, social and

economics contexts. Sexual violence is known to happen all over the world although not much

attention is paid to it in some countries. The World Health Organization report shows that about

one in every four women may experience sexual violence by an intimate partner in some

countries while one third of adolescent girls report their first sexual experience as being forced. 97

In Nigeria, reports abound of cases of sexual violence on women, young girls/children 98 and

boys.

This study recognizes that sexual violence has been on the increase in Nigeria and seeks to know

the legislative and judicial framework for curbing same. This paper analyses the domestic legal

framework of sexual violence in Nigeria especially federal laws which should have uniform

application all over the country with a view to determine the adequacy or otherwise of these laws
96
World Health Organization, ‘Violence Against Women’ [2021]
<https://www.who.int/news-room/fact-sheets/detail/violence-against-women> accessed 28 September 2021.
97
WHO “Sexual Violence http//www.who.int/violence-injurty- prevention/ violence/ global_
campaign/.../chap6.pdf. (Accessed 24th May, 2016)
98
Adeleke, N. A et al “Sexual Assault Against Women at Oshogho, South West Nigeria” Nigerian Journal of Clinical
Practice (2012), Vol. 15, No.2, pp, pp 190-193.

29
in combating sexual violence in Nigeria. It also goes further to analyze the international

framework of sexual violence as well as the institutions that are against sexual violence. Finally,

it analyses the role of customary law in sexual violence either in abating it or increasing its

occurrence, if any will be made clear.

3.2 INTERNATIONAL LAWS ON SEXUAL VIOLENCE

International framework of sexual violence refers to the international legal instruments such as

treaties, conventions, protocols, declarations etc. Developed to address the problem of sexual

violence. The framework seeks to establish and recognize the right all human beings (not only

women) to not experience sexual violence, to prevent sexual violence from being committed

wherever possible, to punish perpetrators of sexual violence and to provide care for victims of

sexual violence.

The standard set by this framework are intended to be adopted and implemented by governments

around the world in order to protect their citizens against sexual violence. Acts of sexual

violence can be charged as crime against humanity, genocide, or war crime.

3.2.1 1949 GENEVA CONVENTION

The Geneva Convention relative to the protection of civilian persons in time of war, commonly

known as the fourth Geneva Convention is one of the treaties of the Geneva conventions. The

first three conventions dealt with combatants, while the fourth dealt with humanitarian

protection.99

99
Geneva convention https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf

30
References to sexual offences and violence provided in international humanitarian law

instruments are only partially expressed in the 1949 Geneva conventions and even more vaguely

considered in the 1977 additional protocols

Article 27(2) provides that ‘… women shall be especially protected against any attack on their

hour, in particular against rape, enforced prostitution, or any form of indecent assault’100

3.2.2 CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATON

AGAINST WOMEN (CEDAW) 1979

The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is

an international treaty adopted in 1979 by the United Nations General Assembly. It is also

described as an international bill of rights for women. Article 6 of the Act provides that

'Suppression of all forms of traffic in women and exploitation of prostitution of women'.

According to CEDAW Committee Recommendation 19 (1992), 'the definition of discrimination

includes gender-based violence, that is, violence that is directed against a woman because she is

a woman or that affects women disproportionately.

3.2.3 VIENNA DECLARATION AND PROGRAMME OF ACTION (VDPA) 1993

The Vienna Declaration and Programme of Action (VDPA) is a human rights declaration

adopted by consensus at the World Conference on Human Rights on 25 June 1993

in Vienna, Austria.

The VDPA also explicitly recognizes gender-based violence, sexual harassment and exploitation,

with Part I, para 18 going on to state: "Gender-based violence and all forms of sexual harassment

and exploitation, including those resulting from cultural prejudice and international trafficking,
100
1949 Geneva convention.

31
are incompatible with the dignity and worth of the human person, and must be eliminated. This

can be achieved by legal measures and through national action and international cooperation in

such fields as economic and social development, education, safe maternity and health care, and

social support."

3.2.4 PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES'

RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA (MAPUTO PROTOCOL 2005

The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in

Africa, better known as the Maputo Protocol, is an international human rights

instrument established by the African Union that went into effect in 2005. It guarantees

comprehensive rights to women including the right to take part in the political process, to social

and political equality with men, improved autonomy in their reproductive health decisions, and

an end to female genital mutilation. It was adopted by the African Union

in Maputo, Mozambique, in 2003 in the form of a protocol to the African Charter on Human and

Peoples' Rights (adopted in 1981, enacted in 1986).101

3.2.5 COUNCIL OF EUROPE CONVENTION ON PREVENTING AND COMBATING

VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE 2011.

The Council of Europe Convention on preventing and combating violence against women and

domestic violence, better known as the Istanbul Convention, is a human rights treaty of

the Council of Europe against violence against women and domestic violence which was opened

101
https://au.int/en/treaties/protocol-african-charter-human-and-peoples-rights-rights-women-africa

32
for signature on 11 May 2011, in Istanbul, Turkey. The convention aims at prevention of

violence, victim protection and to end the impunity of perpetrators.

The treaty establishes a series of offences characterized as violence against women. States which

ratify the Convention must criminalize several offences, including: psychological violence 102;

stalking103; physical violence104; sexual violence, including rape, explicitly covering all

engagement in non-consensual acts of a sexual nature with a person105, forced marriage106 female

genital mutilation107 forced abortion and forced sterilization.108 The Convention states that sexual

harassment must be subject to "criminal or other legal sanction" 109The convention also includes

an article targeting crimes committed in the name of so-called "honor".110

3.3 DOMESTIC LAWS AGAINST SEXUAL VIOLENCE

3.3.1 The Constitution of Nigeria 1999 (as amended 2011)

The constitution111 is the Grund norm and chapter IV deals extensively with fundamental rights.

Section 34 is entitled “right to dignity of human person” and sub 1 reads: “every individual is

entitled to respect for the dignity of his (her) person and accordingly (a) no person shall be

subjected to torture or to inhuman or degrading treatment”. Sexual violence in any form is an act

against the personal dignity and honor of any person (victim). It is torture of the highest order

and contrary to the provisions of the constitution. It is inhuman and degrading and has led to the

death or psychological trauma for victims. Basically, sexual violence in whatever form is an
102
Art 33, Istanbul convention
103
Art 34, Istanbul convention
104
Art 35, Istanbul convention
105
Art 36, Istanbul convention 2011
106
Art 37, Istanbul convention 2011
107
Art 38, Istanbul convention 2011
108
Art 39, Istanbul convention 2011
109
Art 40, Istanbul convention 2011
110
Art 42, Istanbul convention 2011
111
CFRN 1999 as amended (2011) CAP C23 LFN 2010

33
 infringement of a fundamental right of the victims. The constitution however did not define acts

that would constitute breach of human dignity or torture although it can be implied but in sub (2)

of the same section 34, the drafters took time to explain acts that would constitute “forced or

compulsory labor”, such interpretation should be given to section 34 (1) (a). Listing acts that

would constitute a breach of this provision would be a step in the right direction to avoid

multiplicity of interpretations and ambiguities.

3.3.2 Violence against Persons (Prohibition) Act, 2015

This Act was signed by the former President Good luck Jonathan on 25th of May 2015. The Act

deals with sexual violence in sections 1, 6, and 26 respectively. Rape is addressed and the Act
112
provides that: A person commits the offence of rape if: (a) He or she intentionally penetrates

the vagina, anus, or mouth of another person with any other part of his body or anything else;

(b) The other person does not consent to the penetration; or (c) The consent is obtained by force

or means of threat or intimidation of any kind or by fear of harm or by means of false or

fraudulent representation as to the nature of the act or the use of any substance or additive

capable of taking away the will of such person or in the case of a married person by

impersonating his or her spouse.

The Act further provides that where the offender is found culpable under section 1, he would be

sentenced to life imprisonment.113 Where the offender is less than 14 years, the punishment is a

maximum term of 14 years imprisonment.114 In other cases, a minimum of 12 years

imprisonment is provided by the Act 115 and for gang rape, the offenders are liable jointly to a

112
Section 1 violence Against Persons (Prohibition) Act, 2015 herein after the “Act”
113
Section 2(1) VAPPA 2015
114
Section 2(1) (a) VAPPA 2015
115
Section 2(1) (b) VAPPA 2015

34
 minimum term of 20 years without an option of fine. 116 The Act also recommends the award of

appropriate compensation to the victim by the court 117 and finally on this the Act mandates that a

register of sexual offender be maintained. 118 From the foregoing, it would be observed that there

is an expansion on the definition of rape and its prohibition. While other laws may have

restricted their definition of rape to protect only females in relation to vaginal penetration

without consent119 the Act has taken a giant leap by expanding the meaning and scope of rape.

Going by the definition of rape in the Act, we would discover that both males and females can

be raped and are protected by the Act. The issue of rape being gender biased has been topical in

the Nigerian legal jurisprudence for sometimes because the laws as they are failed to recognize

instances where a man could be raped. An instance was reported in the Daily Post of 17th July,

2012 of a man that was allegedly raped to death by his wives. This case was not treated as rape

but manslaughter

The provisions of the Act has also taken a progressive stance by recognizing that sex now goes

beyond the use of the primary sexual organs and extends the scope to anus and mouth. This is

another success because in time past in Nigeria it was difficult to bring forceful anal or oral sex

under the umbrella of rape as such was not part of our laws. Another interesting point is that

penetration here need not only by the sex organ (penis) of the offender but by any part of his

body or anything else. This is an improvement on the Criminal Code Act and Penal Code that

requires sexual intercourse. Again, consent must have been vitiated or was obtained by force or

threat of use of force or intimidation or deceit including impersonation.

3.2.3 The Penal Code 1960

116
Section 2(1) (c) VAPPA 2015
117
Section 3 VAPPA 2015
118
Section 4 VAPPA 2015
119
Section 281 Penal Code and section 357 Criminal Code Act

35
The Penal Code120 is applicable in the Northern states of the federation. The Penal Code is replete

with provision against sexual violence which shall be considered herein. The first to be

addressed is assault or criminal force to women with intent to outrage modesty. 121 This section

provides that whoever uses criminal force to any woman intending to outrage or knowing it to be

likely that he will thereby outrage her modesty shall be punished with 3 years imprisonment or

with fine or both. Here no specific amount was stated.

Under the Code, mere penetration is sufficient to constitute the sexual intercourse necessary for

the offence of rape. Interestingly, the Code did not specify that corroboration is a requirement

under the law in order to establish the offence. The punishment for rape is fourteen years. This is

rather not stiff. It should be life imprisonment as this will be serving as deterrence to

perpetrators. Maximum time of 14 years is not enough. Acts of gross indecency 122 attracts a jail

term of seven years and also a fine. Finally, incest attracts a term of imprisonment which may

extend to seven years.

3.2.4 The Criminal Code 2010

The Criminal Code Act123 is applicable to the southern states of the country. States have their

criminal laws. Rape is defined under the Criminal Code thus: Any person who has unlawful

carnal knowledge of a woman or girl, without her consent or with her consent, if the consent is

obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by

means of false and fraudulent representation as to the nature of the act or in the case of a married

woman, by personating her husband, is guilty of an offence which is called rape.

120
Penal Code Act, 1960
121
Section 268, Penal Code Act
122
Section 285 Penal Code
123
CAP C 38 LFN 2010

36
In Adeoti v State,124 the Court of Appeal held that the offence of rape is said to be consummated

where a man has unlawful carnal knowledge of a woman or girl without her consent or where

consent is obtained by force or by means of threat or intimidation of any kind or by fear of death

or possible bodily harm or by means of deceit, falsehood or fraudulent representation as to the

nature of the act. The court further held that the essential and most important ingredient of the

offence of rape is penetration and unless penetration is proved, the prosecution must fail.

Penetration however slight is sufficient and it is not necessary to prove injury or rupture of the

hymen to constitute the crime of rape. Also in the Ogunbayo v State,125 the Supreme Court held

that sexual interference is deemed complete, upon proof of penetration of the penis into vagina.

Emission is not a necessary requirement. It has however been held, that any, even the slightest

penetration will be sufficient to constitute the act of sexual intercourse. This is why, even where

the penetration was proved but not of such a depth as to injure the hymen, it has been held to be

sufficient to constitute the crime of rape. Thus proof of the rupture of the hymen is unnecessary

to establish the offence of rape. In this same case, the Supreme Court made references to the case

of State v Ogwudiegwu126 where it was held that in the offence of rape, in order to secure a

conviction, corroborations of the evidence of the complainant implicating the accused is not

essential, but a judge must warn himself of the risk of convicting on the uncorroborated evidence

of the complainant.

3.3.5 The Childs Right Act, 2003

The Child’s Right Act was enacted in 2003 to protect the rights of children as the children are

the future of any country. The Act in section 1 states that every action concerning a child

124
(2009) All FWLR (Pt 454) 1450
125
(2007) All FWLR (Pt 365) 408
126
(1968) NMLR 117

37
 whether undertaken or service... must be in the best interest of child. The Act defines a child as

any person below the age of 18 years 127. It went further to state that no person is permitted to

have sexual intercourse with a child128 and the punishment is life imprisonment 129. The Act does

not allow the defence of ignorance of the child’s age 130 or that the child gave consent for the

sexual intercourse.131 Section 11 (a) prohibits subjecting a child to physical, mental or emotional

injury, abuse, neglect or maltreatment including sexual abuse. There is no punishment for

violation.

More interesting is the fact that the Act prohibits any other forms of sexual abuse and

exploitation of a child and upon conviction, the offender is liable to a term of fourteen years.

Section 21-23 prohibits the betrothal or marriage of children below 18 years. It is unfortunate to

note that some states have a problem with these provisions in the Act as they view them as

contrary to their culture, custom and for some religion. Marriage had been used often to

legitimize a variety of sexual violence against women and young girls. The custom of marrying

off young girls is observed in many parts of the world. The practice which is legal in many parts

of the world is a form of sexual violence, since these children are unable to either give or

withhold consent and most of them know little or nothing about sex before marriage and their

first sexual encounters are usually forced132. Generally, in Nigeria, the mean age of first marriage

is 17 years, but in Kebbi State of Northern Nigeria, the average age at first marriage is just over

11 years133. It is sad to note that this form of sexual violence is quite rampant in the Northern

127
Section 21 of the Child’s Right Act 2003
128
Section 31 (1) Childs Right Act 2003
129
Section 31 (2) Childs Right Act 2003
130
Section 31 (3) (a) Childs Right Act 2003
131
Section 31 3(b) Child’s Right Act 2003
132
Sharma, V. et al, “Can Married Women Say No to Sex? Repercussion of the Denial of the Sexual Act”, Journal of
Family Welfare (1998) Vol. 44, pp. 1-8.
133
UNICEF Innocenti, Research Centre “Early Marriage: Child Spouses, Innocenti Digest (2001) No. 7, p10

38
parts of Nigeria. States, irrespective of their opinions are enjoined to enact their states Childs

Right law. Only 26 out of 36 states in Nigeria have been able to enact their own state laws as at

May 2014. Others are encouraged to follow suit if we must save our children.

3.3.6 Child Pornography under the Cybercrimes Act 2015. Is this applicable?

The Cyber Crimes (Prohibition, Prevention) Act134 in its explanatory memorandum posits that

the Act is enacted to provide an effective, unified and comprehensive legal, regulatory and

institutional framework for the prohibition, prevention, detection, prosecution and punishment of

cybercrimes in Nigeria. The Act is divided into eight parts with 59 sections and Schedules.

Under Part III which deals with offences and penalties, the Act contains sections on sexual

offences that are committed on the cyberspace and these will be discussed. Under the Act, child

pornography and other related offences were addressed. The Act provides that any person who

intentionally uses any computer system or network in or for;

i. Producing child pornography

ii. Offering or making available child pornography,

iii. Distributing, or transmitting child pornography

iv. Procuring child pornography for oneself or for another person

v. Possessing child pornography in a computer system or on a computer-data storage

medium: commits an offence under this Act.135

This legislation is quite timely in Nigeria considering the degree of sexual violence on children.

The explosion of online channels for both adults and children makes the internet an avenue for

134
Cyber Crimes (Prohibition, Prevention) Act 2015
135
Section 23 Cyber Crimes Act, 2015

39
adults to perpetrate this crime on unsuspecting children. The Act provides a term of

imprisonment of 10 years or an option of fine not exceeding N20, 000,000.00 (Twenty Million

Naira) for anybody found guilty of the offences under categories a, b, c of this section and a term

of imprisonment for 5 years or a fine not exceeding 10, 000, 000.00 (Ten Million Naira) for

offences under categories d and e. An examination of the above provision reveals that the

punishment for the offence is quite prohibitive and the drafters of the law should be commended

but the snag lies with the implementation of this law. There should be an effective mechanism

for monitoring the use of internet in Nigeria. Most people are hooked on the internet without any

regulatory framework and this makes it difficult for government and law enforcement agencies

to track, arrest and prosecute these perpetrators. Until this is done the legislation may be a dead

letter law even in the face of happenings in Nigeria that has shown that Children have been

victims of this crime.

3.3.7 The Evidence Act 2004

This Act was repealed by the Evidence Act, Laws of the Federation 2011. The Act was divided

into thirteen parts which had two hundred and thirty sections. Under part X, Section 211 of the

Evidence Act, CAP E14 Laws of the Federation of Nigeria 2004, the act provides that when a

man is prosecuted for rape or for attempting to commit rape or for indecent assault, it may be

shown that the woman against whom the offence is alleged to have been committed was of a

generally immoral character, although she is not cross‐examined on the subject; the woman may

in such a case be asked whether she has had connection with other men, but her answer cannot

be contradicted and she may also be asked whether she has had connection on other occasions

with the prisoner, and if she denies it she may be contradicted. 136 In Ogabi v Republic137, here the
136
Evidence Act CAP E14, LFN 2004
137
Rape In Nigeria: Should The Burden Of Proof Shift? - Legalnaija accessed February 21, 2022

40
appellant did not deny having sexual intercourse with the victim. However, he did so with her

consent. He was convicted by the High Court and was sentence to prison. He then appealed to

the Supreme court, the court held that Vaginal injury was not conclusive proof of rape. The

appeal was allowed.

The Supreme Court in Edet Iko v The state138 held that the fact that the victim said the accused

inserted his penis into her vagina is not ispo facto sufficient for proof in the absence of medical

report to corroborate.

Concerning corroborative evidence, the court does not need any number of witnesses for the

proof of any fact by virtue of section 179(1) of this act. The evidence must support the fact or the

statement of the victim. In Ogunbayo v the state139 the Supreme court judge held that he was not

comfortable with corroboration being the conviction for rape state v Ogwudiegwu140 it was held

that the offence of rape, in order to secure a conviction, corroboration of the evidence of the

complaint implicating the accused is not essential, but a judge must warn himself of the risk of

convicting on the uncorroborated evidence of the complaint.

3.3.8 Trafficking in persons (Prohibition) Enforcement and Administration Act, 2015

An Act to Repeal the Trafficking in Persons (Prohibition) Law Enforcement and Administration

Act, 2003 as Amended and to enact the Trafficking in Persons (Prohibition), Enforcement and

Administration Act to provide measures against trafficking; and for related matters. The act

consists of twelve parts in which chapter IV has the contents which provides for the offences and

penalties in human trafficking.

138
Ibid
139
ibid
140
ibid

41
 Section 15 of this Act provides that Any person who by the use of force, deception, threat,

coercion, debt bondage (immediate or in the near future) or any means whatsoever – (a) causes

or induces any person to be conveyed from his usual place of abode or from one place to another,

knowing or having reason to know that such person is likely to be forced or induced into

prostitution or other forms of exploitation with or by any person or an animal; or (b) keeps,

detains or harbours any other person with intent, knowing or having reason to know that such a

person is likely to be forced or induced into prostitution or other forms of exploitation with or by

any person or an animal, commits an offence and is liable on conviction to imprisonment for not

less than 5 years and to a fine of not less than N500,000.00.

3.3.9 Sexual Offence Bill, 2015

The Sexual Offence Bill 2015 was passed by the Senate on the 3 rd June 2015. The bill made the

defilement of children under the age of eleven years a crime.141

Section 7(1) provides that any person who penetrates a child is guilty of an offence called

defilement. This bill also provides that anyone who commits the offence of defilement on a child

of eleven years or less142, ages 12 to 15143 and ages 16 to 18144 shall be sentenced to life

imprisonment.

This bill officially made the defilement of a child a crime and also stipulated that whosoever

penetrates a child of eleven years up to the age of eighteen will be sanctioned.

Clause 6 of this Bill however generalizes it to any person who commits an act of defilement shall

be sentenced to life imprisonment. It was this clause that created a better understanding of
141
Nonso Attoh, ‘The Sexual Offence Bill, 2015 and the protection of children’ The Sexual Offences Bill, 2015 and
the Protection of Children -By Nonso Attoh Robert – Opinion Nigeria >> accessed February 23, 2022
142
Section 7 (2) of the Sexual Offence Bill, 2015
143
Section 7 (3) of the Sexual Offence Bill, 2015
144
Section 7(4) of the Sexual Offence Bill, 2015

42
defilement. This bill was however criticized because in the stipulated age for defilement, it

implied that sexual offences cannot be committed against a child or children below the age of 11

years.

The defense of defilement according to this bill is deceit. The accused must establish that the

child deceived him into having sexual intercourse by reason of age. Where the child led the

accused to believe that she was above the age of 18 years at the time the offence was committed,

the defense of deception can be applied.145

3.4 ENFORCEMENT OF THE NIGERIAN AND INTERNATIONAL LAWS

The major challenge faced by victims of sexual violence is not the availability of these laws but

their enforcement. There are many international and national laws as has been stated above but

they are not enforced. To solve the problem of enforcement of the Nigerian and international

law, agencies must be put in place to ensure the enforcements of the punishments provided by

these laws in order to curb sexual violence. Victims of sexual violence in Nigeria should be

encouraged to report such incidents and the courts must be ready to attend to such matters

speedily. Sometimes victims do not make formal complaints due to the official processes and

bottleneck/hurdles they have to overcome. Incessant adjournment of cases, the quest for

corroboration and sometimes the inability of witnesses’ especially expert witnesses to attend

court hinder the trial. The unwillingness of victims parents especially children to report cases of

rape and defilement of their wards should stop. Government must devise means of getting these

people to open up and must provide free legal services for the victims.

In 2015, the federal government enacted the VAPPA, a law aimed at banning all forms of

violence and providing justice for such crimes. Its adoption marked the successful completion of
145
Section 7(5) of the Sexual Offence Bill, 2015

43
a 14 years long campaign by women’ groups and gender activists seeking better legal protection

for women and girls. However, the law is only applicable in the federal capital territory and in 9

out of the 36 states in Nigeria that have ratified it. The VAPPA should be applicable to all states

in the country to ensure the protection of victims of sexual violence and to also prevent sexual

violence across the states in Nigeria.

3.5 INSTITUTIONAL PROTECTION AGAINST SEXUAL VIOLENCE

In Nigeria, there are several institutions that have been formed for the purpose of lending a voice

to eradicate the widespread of sexual violence. These institutions are non-governmental

organizations that help in protection against sexual violence. They will be explained below;

3.5.1 STAND TO END RAPE (STER)

STER was launched in 2015 by Ayodeji Osowobi, herself a survivor of sexual violence. 146 STER is

youth-led non-profit advocating against sexual violence, providing prevention mechanisms and

supporting survivors with psychosocial services.147 It works to end all forms of sexual violence and

abuse through advocacy and education.

STER representatives often go into communities to sensitize people on rape, sexual violence, and

assault. Where medical or legal help is required, STER refers victims to the Mirabel Centre or the

Women at Risk Foundation (WARIF) — both non-profit sexual assault referral centers based in

Lagos.

146
Stand against rape. Available at <https://standtoendrape.org/>accessed 15 October 2021
147
Global Citizens, ‘5 Organizations Supporting the Fight against Sexual Violence in Nigeria’. Available
at <https://www.globalcitizen.org/en/content/organisations-fighting-sexual-violence-nigeria/>accessed 14
October 2021

44
3.5.2 THE MIRABEL CENTER

It was established in 2013 by Itoro Eze-Anaba, a lawyer instrumental in lobbying the Nigerian

government to pass a bill outlawing domestic violence, the Mirabel Centre was the first Sexual

Assault Referral Centre (SARC) in Nigeria with a mandate to provide holistic medical and

psychosocial support to survivors of rape and sexual violence. 148 In 7 years of operation as a non-

governmental organization, the Mirabel Centre has provided direct free medical care and

psychosocial support to over 6000+ survivors of rape and sexual violence (including men,

women, and children). The youngest survivor was a 3-month old baby and the oldest, an 80-year-

old woman.

Apart from offering free forensic medical examination and providing psychosocial support to

survivors, the Mirabel Centre helps survivors get access to other support services they need. The

Centre works closely with the police and provides medical reports which the police use for

further investigation and prosecution of rape cases.

In addition, the Centre consistently provides actionable information on prevention and response

to rape and other forms of sexual and gender based violence directly to its 20,000+ audience

across social media and indirectly to over 300,000npeople on a monthly basis.149

3.5.3 HANDS OFF INITIATIVE

Hands off initiative was launched in 2018 by Ololade Ganikale. Hands Off Initiative’s goal is to

“break the cycle of abuse in our society and address the systemic problem of rape, sexual abuse,

harassment, and assault by going to schools and communities to teach children, teenagers, and

young adults about consent.”150

148
Mirabel centre, https://mirabelcentre.org/who-we-are/ accessed 14 October 2021
149
Mirabel centre, https://mirabelcentre.org/who-we-are/ accessed 14 October 2021
150
Hands off initiative, https://www.handsoffinitiative.org/about-us/ accessed 15 October 2021

45
Through frequent outreach programs, Hands Off goes to public and private secondary schools in

Nigeria teaching teenagers and kids about consent.

3.5.4 WOMEN AT RISK INTERNATIONAL FOUNDATION (WARIF)

WARIF was founded in 2016 by Dr. Kemi DaSilva-Ibru, a gynecologist, WARIF is an “anti-

sexual violence” non-profit based in Lagos. As part of its initiatives, WARIF provides health

education and community services for survivors of sexual violence in Nigeria.

The Foundation was established to raise awareness and address the prevalence of this problem

through the “WARIF Approach”- a unique holistic method of tackling Gender Based Violence

through the development and implementation of a series of initiatives, targeting both the

intervention/treatment of these affected women, as well as providing preventive measures in

education and community service to reduce the high incidence.

The foundation seeks to re-dress the adverse effects seen as a result of Gender Based Violence

both immediate with health and psychosocial risks to survivors such as new cases of HIV/AIDS

and unwanted pregnancies, as well as in the long-term societal problems that subsequently occur

such as higher incidence of illiteracy and the adverse impact on girl learning and the social

development of a nation.151

After the COVID-19 pandemic hit Nigeria, WARIF launched 152 a “COVID-19 Response in Rural

Communities Initiative” to provide support to women in rural areas who may be victims of sexual

violence.

151
Women at risk international foundation, https://warifng.org/about-warif/ accessed 14 October 2021
152
https://guardian.ng/news/warif-takes-covid-19-sexual-violence-awareness-to-rural-communities/

46
3.6 Roles of Customary Law in Sexual Violence

Customary law has been recognized as customs and traditions of a given community that has

obtained recognition as law because of its continuous usage and acceptance by the people of a

community. The importance of customary law to the lives of members of community implies

that in certain ways, customary law may play a role is the encouraging the occurrence of sexual

violence in the society or a role in inhibiting prevalence of sexual violence.

Child marriage permissible under the customary laws of some societies has been identified as

playing a role in the prevalence of child marriage in society. The custom of marrying young girls

at a young age is present in many part of the world, Nigeria inclusive. Children married at a

young age are ignorant about sexual activities and are prone to having forced sexual encounters

within the premises of their marriage.153 In Nigeria, the WHO has identified the mean age at first

marriages to be 17 years, but in some northern states like Kebbi, the average age at first marriage

is just over 11 years.154 Therefore, customary law plays a role in occurrence of sexual violence by

its allowing of child marriages to persist in Nigerian communities.

The role of customary law in sexual violence is also witnessed in the way no precise laws exists

to protect women against the risk of sexual violence. For example, IPV has been identified to be

prevalent in many African Nigerian homes. Regardless, existing customary laws seems to lean

towards supporting such by the way many customs uphold the permanence of Marriage

irrespective of several incidences of IPV that may occur. 155 In many communities, women are

made to believe marriages were characterized by fights, bullying and intimidation from her

153
Sharma V, Sujay R, Sharma A. ‘Can married women say no to sex? Repercussions of the denial of the sexual act’
[1998] (44) Journal of Family Welfare; 1–8.
154
UNICEF Innocenti Research Center. ‘Early Marriage: Child Spouses’ [2001] (7) Innocenti Digest.
155
Amobi Linus Ilika, ‘Women’s Perspective of Partner Violence in Rural Igbo Community’ [2005] (9) (3) African
Journal of Reproductive Health; 78-88.

47
husband. In this way, customary law contributes to IPV a recognized form of sexual violence, the

mental, physical and sometimes reproductive health of such victims.

Around the world customary law plays a vital law in the society and customary law is mostly the

embodiment of customs of a people. In some places customs other than child marriage have

increased the prevalence of sexual violence. For example, customs that insist on gender roles and

traditional beliefs of superiority of the man to the woman. Customs that also make the woman

have sexual relations with a man against her wish 156, for instance where a woman is widowed

without a child and is made to sleep with other men in order to bear children for the deceased

spouse also contributes to the prevalence of sexual violence. Therefore, customary laws must be

used as a means of reducing the occurrence of sexual violence against women in the society.

3.7 CONCLUSION

This paper analyses the Nigerian and international laws on sexual violence, the enforcement of

these laws as well as the institutions that preach against sexual violence in Nigeria. It also

discovers that the VAPPA which is a very current law made a lot of improvements on the

already existing laws especially in its definition of rape and the sentence imposed on offenders.

The Childs Right Act is also an important legislation but it has been pointed out that some States

are yet to enact their Childs Right Law which would enable them prosecute pedophiles in their

States. The paper also discovers that the Criminal and Penal Codes have various provisions

addressing sexual violence but the punishments for the offenses differ a great deal in both

legislations. The judiciary has not been of much help in this regard as the punishment for

offenses are so watered down against the provisions of the statutes. The writer hereby calls for a

156
Ibid.

48
review of some of the laws as they are considered obsolete and also recommends that

punishment for offenses should be applied the way it is provided for in the statute books.

CHAPTER FOUR

49
4.0 BARRIERS AND SOLUTIONS TO THE CURBING OF SEXUAL VIOLENCE

AGAINST WOMEN IN NIGERIA

4.1 INTRODUCTION

Sexual violence is a violation of the fundamental human rights which affects predominantly

women and girls due to systematic and structural inequality. Believing that another person’s

body is your entitlement is condemnatory.

Sexual violence as we know is a heinous crime. Just like there are hindrances to prevent the

prevention of sexual violence, there are also challenges that are faced to fight against sexual

violence in Nigeria. This chapter will contain three sections. The first section is the introduction,

the second section will explain the barriers to curbing sexual violence in Nigeria and its

solutions. The final section will be the conclusion of this chapter, stating my observations.

4.2 BARRIERS AND ITS SOLUTIONS.

4.2.1 OUTDATED LAWS.

Nigerian executors are obligated to enact, monitor and implement the legislations for protecting

women and children from all forms of violence. In spite of this, women and children still face all

kinds of discrimination in law and practice.157 Both the Criminal code and the Penal code

applicable to the southern and the Northern part of Nigeria are out-of-date in their definition of

rape. However, the Violence against person (prohibition) act is silent on the issue of consent

when it comes to rape but expanded the definition and scope of rape.

157
Amnesty International, ‘Nigeria, Failure to tackle rape crises emboldens perpetrators and silences survivors’
[2021]. Available at < https://www.amnesty.org/en/latest/news/2021/11/nigeria-failure-to-tackle-rape-crisis-
emboldens-perpetrators-and-silences-survivors/> accessed 16th November 2021

50
Notwithstanding the expansion and definition of rape by the Violence Against

Person(Prohibition) Act there are still limited jurisdictions. An example of an outdated law is

Section 30 of the Criminal Code which provides that a boy under the age of 12 years can have

carnal knowledge with lustful and sexual materials.158

There is the need for legal and policy reforms to combat sexual violence. This should be the

priority of the government. The reforms needed are in three stages.

The first stage is ensuring that healthy laws are put in place to deal with sexual violence at any

instance.159 As the world evolves, Nigerian legislators should update laws relating to sexual

violence trends. The use of internet has also increased the various forms of Sexual and Gender

Based Violence perpetuated online necessitating new laws to deal with it. Updating and creation

of new laws should be in accordance with how the country evolves.

The second type of law and policy reform is the one that makes victims the center of protection.

Victims of sexual violence usually suffer physical and emotional trauma. Reforms should be

made to the criminal justice system to function in a way that would not trigger that emotional or

physical trauma of the victims. The system has to focus on the needs and concerns of the victims.

Acts like delay of trials, lack of privacy for the victims and even lack of psychological support

and witness protection programs can also prolong the trauma of the victims.160

158
Hammed Sulaiman, ‘Nigerian Laws Are Not Effectively Used Against Sexual Violence’[2020]. Available at <
https://www.africaglobalvillage.com/nigerian-laws-are-not-effectively-used-against-sexual-violence- by-hammed-j-
sulaiman/> accessed 17th March 2022.
159
Khyati Wikramanayake, ‘Reforms needed to combat Sexual and gender based Violence’ [2021]. Available at
<https://groundviews.org/2021/01/23/reforms-needed-to-combat-sexual-and-gender-based-violence/> accessed
16th November 2021
160
ibid

51
The third type of law and policy is the one that deals with reforms aimed at reducing sexual and

gender based violence. Factors that lead to the increased rate of sexual and gender based violence

need to be examined, from mindsets that are prevalent in the society. The state must provide

necessary policies that will help in the reduction of Sexual and gender based violence.

4.2.2 NON IMPLEMENTATION OF NEW LAWS

In Nigeria, there are laws that are established to fight rape or sex related offenses. However,

some states in the Northern part of Nigeria still work with the Sharia laws that disagree with the

Violence Against Person (Prohibition) Act. There are at least five legal provisions that are

available to protect rape victims and help them get justice. Some of these laws like the Child

Rights Act and Violence Against Persons (Prohibition) Act are not domesticated at the state level

where their implementation could be properly monitored.161

To properly implement new laws to fight against sexual violence in Nigeria, it needs to be

tackled from a smaller government. Since there are thirty-six states in Nigeria, these states

should have laws to fight against sexual violence. If every state should apply these laws, there

will be a radical reduction in sexual violence in Nigeria. Proper training of law enforcement

officials and judicial officers to implement and interpret the laws accordingly.

4.2.3 VICTIM BLAMING

This occurs in various criminal situations particularly in cases of sexual assault or rape. A legal

definition of victim blaming is that it is a “devaluing act where the victim of a crime, accident or

161
Hammed Sulaiman, ‘Nigerian Laws Are Not Effectively Used Against Sexual Violence’[2020]. Available at <
https://www.africaglobalvillage.com/nigerian-laws-are-not-effectively-used-against-sexual-violence- by-hammed-j-
sulaiman/> accessed 20th March 2022.

52
any abusive maltreatment is held as wholly or partially responsible for the wrongful conduct

committed against them. Because of this, many victims prefer to keep silent about their

experience. A 14 years old girl Onyinye was sent by her mother to help their neighbor fix his

phone. While running that errand, she was raped by this neighbor. She and her mother went to

report it to the police and the police woman that took the report slapped and pulled Onyinye’s ear

and scolded her mother for not training her properly.162

The first step to solving victim blaming is to believe the victim. It is usually difficult for a victim

to speak out and when they do, they are either doubted or are dismissed from family and friends.

Believing the victim can give some hope and assurance to the victim.

The second step is to hold the perpetuator accountable. People who are abusive often make

excuses for themselves then go ahead to blame the victims. The perpetuator also uses the

circumstances of alcohol, insanity, drugs, uncontrollable sexual urges to make excuses for his

actions.

The final step is to assist victims and survivors. Supporting victims of sexual violence is a major

step to solving victim blaming in sexual violence. The support given to them does not have to be

specific. The support can be by finding resources to help them build their lives or accompanying

them to court.163

4.2.4 POOR POLICE INVESTIGATIONS.

162
Amnesty International, ‘Nigeria, Failure to tackle rape crises emboldens perpetrators and silences survivors’
[2021]. Available at < https://www.amnesty.org/en/latest/news/2021/11/nigeria-failure-to-tackle-rape-crisis-
emboldens-perpetrators-and-silences-survivors/> accessed 10th February 2022
163
Regina Yau, ’16 Ideas and Actions To Avoid and Stop victim blaming’[2016]. Available at <
https://16days.thepixelproject.net/6616-ideas-and-actions-to-avoid -and-stop-victim-blaming/> accessed 20 th March
2022

53
Generally, police officers have a poor understanding of the trauma impacted on the victims of

rape. Police officers have the obligation to inspect, investigate, collect statements, record the

statements of victims and witnesses and arrest the suspects. 164 Where the crimes are not properly

investigated, sexual offenders end up being guiltless. In some situations, the police officers are

bribed to turn a blind eye to their crimes. Sometimes, the victims and perpetuators are advised to

settle the cases outside of the criminal jurisdiction.

Aside from improper police investigations, some reasons police investigations are incomplete

were given by police officers. A police officer said ignorance was one reason. He stated that

some victims report much later than they are meant to because they are busy consulting their

friends. Another stated that some of the victims report late due to ignorance. Another police

officer stated that the offence must have been discovered a lot later than it was committed.

Another said that the complainants are not interested in going to court.

In order for the police officers to conduct a proper investigation, certain things must be taken

account of like the general information of the accused must be obtained. Information like the

identity of the offender, the kind of force applied and whether or not consent was obtained.

4.2.5 ACCESS TO JUSTICE.

This is another barrier to curbing sexual violence against women in Nigeria. Victims of sexual

violence like other crimes, face difficulties in accessing courts. One other factor that is often

used to preclude access to courts in Nigeria is the concept of locus standi.165 This makes

prevention of sexual violence difficult to do. Locus standi is not an easy concept to define but
164
Vinesh Basdeo ‘Policing Sexual Violence in South Africa: Problem and Challenges’[2018] ‘Volume13/Issue 1
International Journal of Criminal Sciences Journal’. Available at
<https://www.sascv.org/ijcjs/pdfs/BasdeoVol13Issue1IJCJS.pdf> accessed on March 7, 2022
165
Sur, ‘Access to Justice and Human Rights Protection in Nigeria’[2005] ‘International Journal of Human Rights’.
Available at < https://sur.conectas.org/en/access-justice -human-rights-protection-nigeria/> accessed on March 24,
2022

54
one can say that it basically means the standing to sue. It refers to the right of a party to an action

to be heard in a litigation before a court of law or tribunal or the legal capacity of instituting,

initiating or commencing an action in a competent court of law or tribunal without any

inhibition, obstruction or hindrance. In other words, “for a person to have locus standi in an

action he must be able to show that his civil rights and obligations have been or are in danger of

being infringed. Thus, the fact that a person may not succeed in an action does not have anything

to do with whether or not he has standing to bring the action”.

Another point in access to justice is the delay in the administration of justice in Nigeria. What is however

difficult to understand is how Nigerians have been able to live with this phenomenon for several decades

without offering a lasting solution to it. A number of circumstances could give rise to this delay: lawyers

writing letters of adjournment of cases, inability of judges and magistrates to deliver judgments on time,

failure of the police or prison authorities to produce accused persons in court for trial, the rule that once a

magistrate or judge is transferred and a new one takes over a case, it has to start de novo. The bottom line is

that today it has almost become an accepted fact in Nigeria that cases must last several years in court before

they are concluded. Under such circumstances, citizens would naturally be reluctant to initiate actions for

the enforcement of their basic rights not to talk of fighting sexual violence.166

One important agency that can usefully be deployed to enhance access to justice in the country is the Legal

Aid Scheme, which was established to provide assistance for indigent Nigerians unable to secure the

services of private legal practitioners to enforce their legal rights.

Although the scheme has been unable to make significant impact in this endeavor over the years partly due

to structural and operational problems. It is suggested that it be made more proactive to meet the yearnings

and aspirations of Nigerians through creating greater access to justice. This will necessarily entail the

widening of the scope of its operations in terms of increase in the level and category of potential
166
Ibid

55
beneficiaries from the scheme the subject matter coverage, coupled with aggressive public enlightenment

exercise.167

4.2.6 LACK OF FINANCIAL RESOURCES

This is another major challenge to preventing sexual violence against women in Nigeria. Victims

of sexual violence face a lot of financial challenges. It is generally known that the monetary fee

for retaining a legal practitioner for the purpose of defending or prosecuting a case in court is

high. People who are unable to afford a legal practitioner are usually assigned lawyers from the

ministry of justice to help them in their case, but where they desire to use a private legal

practitioner for effective prosecution, they have to endure the burden of paying for such services

rendered.168 For instance, where a person has been raped, the law provides for them to go to the

nearest clinic or hospital to be examined. The medical care they have experienced is usually

costly which could put them in a position where they would want to even forget about pressing

charges.169When people are desperate for financial support, they then to look for possible ways of

getting the support they need. With reference to sexual violence against sex workers which is one

of the forms of sexual violence, research shows that some of them do this work to financially

support their families and because they are put in this position to work for money, they are take

any form of sexual abuse that might come their way.170

There are three strategies to preventing financial challenges that will be analyzed here. The first

is microloans to prevent sexual violence. A microloan is smaller than a loan and can be used for

many purposes or for individual purposes. With this strategy, policies and programs can be
167
Ibid
168
Ibid
169
Victims, ‘Financial Help for Victims of Sexual Abuse’. Available at < https://www.victims.org/sex-abuse-
financial-help/> accessed on 21ST March 2022
170
Brooke Ophardt, Cierra Bryant, Nikki Kress ‘How Can Economic Justice efforts lead to the prevention of sexual
and domestic violence?’ [2020]. Available at https://vawnet.org/news/how-can-economic-justice-efforts-lead-
prevention-sexual-and-domestic-violence> accessed 20th March 2022.

56
improved. This has helped victims and survivors of sexual violence with moving away from their

abusers, going back to school and even stating a business.171

The Second strategy is to provide funds for Non-Governmental Organizations that assist victims

of sexual violence. Some Non-governmental organizations have assisted a lot of victims of

sexual violence, but in a situation where they are facing financial challenges due to natural

disasters like flood, earthquakes and so on, the National Sexual Violence Resource Centre helps

them with resources to be able to continuing assisting the victims of sexual violence. 172

The final strategy is legal funding through pre-settlement lawsuit loans. This is obtaining money

from a pending law suit. With the use of this, victim’s medical bills and other necessary expenses

can be paid before or during or after the settlement of cases.173

4.2.7 DISCRIMINATORY SOCIO-CULTURAL NORMS

Norms especially those that are societal are very influential in affecting an individual’s

perceptive. They promote rigid gender norms, abuse of power, aggression and violence. 174 The

society believes that a reason for a woman being sexually assaulted or harassed is because of the

way she dresses. This is one of the most common arguments that the society provides when it

171
Ibid
172
National Sexual Violence Resource Centre, ‘Disaster Relief Fund for Sexual Assault Victims’. Available at <
https://www.nsvrc.org/projects/preventing-sexual-violence-disasters/relief-fund-sexual-assault-victims> accessed
21st March 2022
173
Annuity.Org, ‘Pre-Settlement Funding and Lawsuit Advances’ [2022]. Available at
<https://www.annuity.org/structured-settlements/pre-settlement-funding/> accessed 21 st March 2022
174
Rachael Davis, Lisa Fujie Parks, Alisha Somji, ‘Together we can Change Norms to Prevent Sexual Violence and
Harassment’[2017].Available at < https://www.preventioninstitute.org/blog/together-we-can-change-norms-prevent-
sexual-violence-and-harassment> accessed 23rd March 2022

57
comes to sexual harassment, sexual assault or rape. 175 This contributes to all forms of sexual

violence, when it comes to intimate relationships, women and ladies basically have no choice

over their bodies, they are controlled by their male partners and the believe that their bodies

should always be available to men. We can prevent sexual violence by changing how we think

and how we see them in the society

4.2.8 INSURGENCY

Due to insurgencies in Nigeria, women and girls are vulnerable and suffer from different

atrocities. Sexual violence is recognized as a war crime in international law, but in reality few

survivors ever see their attackers brought to justice.

4.2.9 INTIMIDATION AND HARRASMENT OF MEDICAL EXAMINERS

Rape and sexual violence allegations are sensitive to authorities. Some of these authorities like

medical examiners and human right defenders are either intimidated or harassed. the act of

harassing, intimidating and threatening medical examiners and human right defenders violates

the law and obstructs victims access to justice.176

4.3 CONCLUSION

Sexual violence is a rampant crime in Nigeria. This paper analyses the barriers and solution to

curbing sexual violence against women in Nigeria. It was discovered that there are a lot of

barriers to curbing sexual violence in Nigeria in which these barriers do not affect only women.

It was discovered that most of these barriers are worldwide because of how wide the crime is.

175
Anita Guerrero, Nicaragua, ‘Ten harmful beliefs that perpetuate violence against women and girls. Available at
<https://www.oxfam.org/en/ten-harmful-beliefs-perpetuate-violence-against-women-and-girls >accessed 15th
November 2021.
176
Dr Uzom O. Eze, ‘Prevention of Sexual Assault in Nigeria’. Available at < https://www.ncbi.nlm.nih.gov/pmc/arti
cles/PMC4111066/> accessed 24th March 2022.

58
These barriers then to affect the individual more than their families. Updating outdated laws can

go a long way to preventing sexual violence in Nigeria and this is because right now, most laws

that are in use are not applicable to other states in the country. For instance, the Penal code being

applicable to the Northern states, the Criminal code to the Sothern and the newly introduced

VAPPA 2015, that is applicable to the Federal Capital Territory, Abuja. When it comes to police

investigation, the victims or their families should learn to go straight to the police station and not

their friends for consultation.

CHAPTER FIVE

5.0 SUMMARY OF FINDING, CONCLUSIONS AND RECOMMENDATION

5.1 Summary of Findings

Based on this research, I have come to understand that women are a vulnerable group in the

society who are at risk of Violence. Sexual violence is a danger to the society that must be

reduced and if possible eradicated. Due to the patriarchal nature of the Nigerian society,

women’s rights are not prioritized. There are different forms of Sexual Violence in Nigerian

59
experience that cause physical, mental and emotional injuries. They also have financial and

economic effects on people.

This work has also evaluated the legislative frameworks on sexual violence against women in

Nigeria. The constitution of the Federal Republic of Nigeria 1999 as amended guarantees the

human rights of the citizens of Nigeria which that sexual violence constitutes violation of human

rights. The Violence against persons(prohibition) act, The Criminal Code and the Penal code

have criminalized the act of rape and sexual violence as a sexual offence. The Child Right’s Act

2003 does not allow the defense of ignorance or that the child gave consent. It states that any

sexual activity on a child is punishable. The Sexual Offences Act also looked at the sexual

violence on a child and makes it a punishment to exploit a child to perform sexual activities.

There was also and evaluation of international laws on sexual violence against women in

Nigeria. The Geneva Convention of 1949 was made for the protection of civilians during the war

time. The CEDAW has the functions of suppressing all forms of discrimination against women.

The VDPA recognizes gender based violence and all forms of sexual harassment and

exploitation.

The laws currently in place to fight sexual violence against women are not efficient enough to

end the menace, they are also not enforced properly. There are governmental and non-

governmental agencies that have established the enforcements of women rights in the society.

There are various barriers and solutions to curbing sexual violence against women in were

looked into. The problems of outdated laws, were notice and a specific section under the criminal

code was identified as one of the reasons the Nigerian laws need to be reformed. The

implementation of new laws was another problem. It was realized that when laws are applied in a

60
particular state and not all the states, it is difficult for these laws to even be implemented. The

solution to these barriers will provide a room for support to the victims of sexual violence.

5.2 Conclusion

Although Sexual Violence is also perpetuated against men, this work concentrates on sexual

violence against women as it is more common and widely spread. The reason for this thesis

stems from the overwhelming statistics and report of the crime of sexual violence in the Nigerian

society in recent times, reports which have mostly gone unprosecuted. The most discouraging

fact is that the prevalent framework to protect women against sexual violence faces a lot of

challenges that further obstructs its effectiveness in the society.

Despite the presence of some laws relevant to sexual violence against women, the occurrence of

sexual violence against women is still prevalent at an appalling rate. These laws are meant to be

applicable all over the country, but there are subjected to some states. Nigeria cannot make

progress in sustaining development if a high percentage of women are still suffering from sexual

violence.

This thesis has been able to review the various forms of sexual violence that women especially in

Nigeria experience. These forms of sexual violence can occur at any moment There is lack of

understanding amongst citizens concerning their legal rights and justice process.

While there are laws set in place, there is still room for improvement with the introduction and

application of new laws and better enforcement of current laws. The implementation of and

provision of laws is meaning less in practice unless it is effectively implemented and enforced.

The laws will also be ineffective if the general mind set of Nigerians towards violence does not

change.

61
 5.3 Recommendation

After careful analyses and research done on sexual; violence against women in Nigeria, the

following recommendations are made:

1. Mass Media to provide enlightenment

Mass media has overtime increased the importance of setting public agenda especially on matters

that might draw attention to public. They can play an important role by partnering with public

health organizations to properly expose sexual violence.177 Dissemination of information

through the media like the radio, television, internet and so on can bring positive change in the

society.178 With the mass media, the norms on sexual assault and sexual violence can change by

diffusing and disseminating ideas, attitudes, knowledge amongst large population. The voices of

the victims of sexual violence can be heard and their stories can be shared.179

2. Seek the protection of Victims of Sexual Violence

Women in developing countries experience sexual violence at a disturbing rate and are less likely

to report it or seek help and the narrative is not different for Nigeria. Despite the high prevalence

of the act in the country in comparison to major crimes, it is underreported. Important provisions

for the prevention and response to sexual violence, assistance and protection of survivors and

rehabilitation of perpetuators.

177
Olivia Egen, Laura M. Mercer Kollar, Jenny Dills, Kathleen C. Basile, Bethlehem Besrat, Laura Palumbo, Kellie
E. Carlyle,’Sexual Viole3r4ence in the Media,: An Exploration of Traditional Print Media Reporting in the United
States’[2020]. Available at < https://www.cdc.gov/mmwr/volumes/69/wr/mm6947a1.htm> accessed 26th Marct 2022
178
Lavua Ntumba Murphy and Professor Li Zhenfang, ‘The Role and Effect of Mass Media on Rape and Sexual
Violence against Women and Girls: A case study of South Kivu in Democratic Republic of the Congo’ [2019].
Available at <https://www.iiste.org/Journals/index.php/NMMC/article/viewFile/48171/49756> accessed 26 th March
2022.
179
Staforegon, ‘A Best Practice: Using Social Media For Sexual Violence Prevention’[2014]. Available at
<http://oregonsatf.org/wp-content/uploads/2016/12/Using-Social-Media-for-Sexual-Violence-Prevention-FINAL-
1.pdf> accessed 26th March 2022

62
 3. Providing justice for victims of sexual violence.

The fear of being stigmatized is also part of what cripples’ justice and security against sexual

violence. The fear of isolation by the society imposes a culture of silence, thereby preventing the

victims from reporting. There is an assumed dishonor associated with rape or sexual violence

that encourages such silence as no one wants to be seen as a victim of sexual assault. the use of

restorative justice can be very effective here. Restorative justice is where all the parties in a

particular offence resolve how to deal with the result of the offence. This can be responsive to

survivor needs for validation and repair harm and prevent future sexual violence.

4. Sensitization on Sexual violence

Sensitization on sexual violence will seek to reduce sexual violence against women and girls in

the communities. All staff, from facility administrators to service providers to support staff,

should first be sensitized about issues related to violence against women and gender

discrimination. Sensitization can create awareness about the dangers of sexual violence. 180

5. Training and Retraining of law enforcements

Sexual violence has caused a lot of traumatic events for the victims. However, many law

enforcement agencies have lacked the training opportunities, tools and support needed for the

victims. It is important for the law enforcement to respond to traumatized victims while

simultaneously holding offenders accountable. The training of these law enforcements can

increase an officer’s understanding on the trauma that comes with sexual violence. It can also

help during investigations.181

180
AWLA takes sexual violence sensitization to poor communities [2021}. Available at https://3news.com/awla-
takes-sexual-violence-sensitization-to-poor-communities/> accessed 26th March 2022
181
Amanda Merck, ‘Trauma Informed Sexual Assault Investigation Gets Refunded’ [2018]. Available at <
https://salud-america.org/trauma-informed-sexual-assault-investigation-training-gets-refunded/> accessed 28th
March, 2022.

63
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