Definition of Rape and Overview of Surgical Castration as a Punitive Measure for Reducing the Menace in Nigeria

Authors

  • Adesoji Kolawole Adebayo Babcock University, Ilishan Remo, Ogun State
  • Adepoju Adebiyi Anthony Redeemers’s University, Ede, Osun State
  • Emmanuel, Chinaka Emmanuel Babcock University, Ilishan Remo, Ogun State.

Keywords:

Nigerian laws, Rape, Menace, Reduction, Surgical castration

Abstract

The rate at which rape is increasing in Nigeria is alarming. The Nigerian Penal and Criminal Codes define rape as penetration of virginal by the penis. This implies that only men are capable of committing rape. The punishment for rape varies from one jurisdiction to the other ranging from life imprisonment to death penalty. In Nigeria, the punishment for rape offence is life imprisonment. However, despite the punishment for rape, it has not deterred the perpetrators to decline from the heinous act, rather it keeps increasing. There is a need to introduce a stiffer punishment to curb the incessant menace of rape in our society. This paper examines the definition of rape, the Nigerian legal frame work on rape, surgical castration as an option to curb rape menace and related issues associated with surgical castration on rape. This article adopts doctrinal method of research with the use of primary and secondary materials such as the Statutes, decided cases, online journals, textbooks, conference papers, published articles and newspaper. This paper concludes that surgical operation should be adopted as the punishment for rape offence especially for serial rapists but at the same time, adequate measures should be put in place to protect innocent persons who were wrongly alleged. This paper recommends that, the definition and punishment of rape under the Nigerian laws be reviewed to introduce surgical castration as a punishment for rapist and also broadens the definition of rape.

Author Biographies

Adesoji Kolawole Adebayo, Babcock University, Ilishan Remo, Ogun State

Adesoji Kolawole Adebayo LL.B (EKSU), LL.M (UNILORIN), BL, PhD CAND. (BABCOCK UNIVERSITY)Lecturer, Department of Private and Commercial Law, School of Law and Security Studies, Babcock University, Ilishan Remo, Ogun State.

Adepoju Adebiyi Anthony, Redeemers’s University, Ede, Osun State

Adepoju Adebiyi Anthony, LL.B, LL.M, M.PHIL, BL, Lecturer, Faculty of Law, Redeemers’s University, Ede, Osun State

Emmanuel, Chinaka Emmanuel, Babcock University, Ilishan Remo, Ogun State.

Emmanuel, Chinaka Emmanuel, LL.B, LL.M, BL, PhD CAND. (BABCOCK UNIVERSITY) Lecturer II, Department of Jurisprudence and Public Law, School of Law and Security Studies, Babcock University, Ilishan Remo, Ogun State.

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Published

2021-10-02