AN APPRAISAL OF THE OFFENCE OF RAPE UNDER NIGERIAN LAWS

Abstract

This paper examines the offence of rape under Nigerian laws with the aim of determining the state of the
law on rape in order to identify the loopholes contained therein and make necessary recommendations.
The methodology adopted in the course of this research is the doctrinal methodology. The researcher
used both primary and secondary methods of data collection. Some of the findings of this work are: The
Nigerian Criminal Code and Penal Code are lacking in their provisions on the offence of rape such as its
provisions on who can commit rape, on whom rape can be committed, what objects and parts of the
body can be used to commit the office, marital rape and so on. However, the researcher found that the
Violence against Persons (Prohibition) Act of 2015 (VAPP Act) has gone a long way in covering up
these loopholes. Unfortunately, this VAPP Act still retains the archaic view on marital rape. Some of the
recommendations made in this paper are: amendment of the Criminal Code and Penal Code to reflect
modern developments being major criminal statutes in Nigeria, amending VAPP Act in respect of its
archaic provision on marital rape, adoption of the provisions of the Child Rights Act by states and
adoption of the provisions of the VAPP Act by states.