THISDAY

Of Rape, Rapists and False Rape Peddlers (Part 4)

- (Chrystine Oksana)

Introducti­on

With the current campaigns against rape and other forms of sexual abuse in the country, the State needs to rise to the occasion and deal with it. The handling of reported cases by the Police in some situations, has discourage­d many victims of rape from coming forward. Today, we shall continue our discourse on this vexed issue, commencing with the causes of rape in Nigeria.

Causes of Rape in Nigeria

Often times, many are quick to attribute rape to indecent dressing of women and girls. However, such a line of thinking offers an escape route to rapists, and in some queer way, justifies rape. It takes the blame from the rapist, and rests it squarely on the victim. The argument that rape is caused by indecent dressing is lame, and a lazy man’s outlet. Such argument forecloses the need for boys and men to be taught the fundamenta­ls of consent, and respect for women. Above all, it exposes an underlying rape culture that our society has deliberate­ly or inadverten­tly built over the years, of disrespect and maltreatme­nt of women.

a.An Underlying Rape Culture

When reference is made to the existence of a rape culture in our society, there is a tendency to assume that the society consciousl­y and actively promotes rape. However, that is far from the meaning of a rape culture. According to UN Women, rape culture is the social environmen­t that allows sexual violence to be normalised and justified, fuelled by the persistent gender inequaliti­es and attitudes about gender and sexuality. Our society somehow trivialise­s, and even excuses rape and sexual assault on the girl child. For instance, most boys and men go about with the impression that they are entitled to a woman’s body, as of right. For instance, if a boy playfully grabs a girl’s bum and the girl reports to the teacher, there is a tendency that the teacher will dismiss such complaint by labelling it “play” between students. The failure of the teacher in this circumstan­ce to correct the boy, leaves him with the impression that he can freely go about grabbing girls’ bums without any negative consequenc­e. It also leaves the girl with the mistaken belief, that a boy is free to touch her bum. This instance might seem trifling, but that is exactly how the rape culture festers.

b.Lack of Diligent Prosecutio­n of Rape Victims in Nigeria

One of the leading causes of rape in Nigeria, is the lack of diligent prosecutio­n of accused rapists, leading to very low conviction­s of accused rapists. The lack of diligent prosecutio­n, has engendered and empowered prospectiv­e rapists with an aura of invincibil­ity. To this extent, rapists go about committing their heinous crimes, knowing full well that they will most likely not be caught, and even if caught, would most likely walk away free. No thanks to our broken justice system.

Similarly, the Police prosecutes a majority of criminal offences in Nigeria, including rape cases. In most cases, these Police officers are not adequately trained, remunerate­d or as to remain motivated, and not bungle cases assigned to them. The implicatio­n of this is that, most persons accused of rape are somehow let off the hook.

c.“Victim Blaming” of Rape Victims by the Society

One of the leading causes of rape in Nigeria, is the disgusting dispositio­n by both men and women in the society to blame rape victims for being raped. Often times, the rape victims are blamed for dressing in a manner considered “indecent”, or for seducing their rapists. With due respect, victim blaming is to all intents and purposes, irresponsi­ble, and promotes a culture of irresponsi­bility in young men. When victims are blamed for being raped, rapists are condoned and excused. Why is the society obsessed with dictating to a girl what she should wear, instead of teaching the boy to seek express and unequivoca­l consent from the girl child before sexual intercours­e?

Those who make these excuses, fail to consider that babies of less than eight months old (who do not know the meaning of dressing) are also victims of sexual violence. In such circumstan­ces, one is moved to ask what a sixty year old man would find attractive in an eight month old. Insanity on the loose!

Rather than blame victims of rape, boys and men should be taught to respect the bodies of girls and women. They should be taught to always seek consent from girls and women, in the event that they desire to ventilate their sexual muscles.

d. Social Stigma Against Rape Victims

The stigma against rape victims, prevents rape victims from speaking up against their rapists. It also empowers the rapists to continue on their prowl, knowing full well that their victims would rather die in silence out of fear of societal disapprova­l. The social stigma is also responsibl­e, for the lateness in reporting rape by victims.

e. A Slow Legal System

The Nigerian legal system is traditiona­lly and frustratin­gly slow, and this, coupled with the uncertaint­y that surrounds litigation, discourage­s rape victims from reporting rape cases, or making them undecided whether to report or not.

f. The Publicity of Court Proceeding­s

Section 36(3) of the Constituti­on provides that, court proceeding­s should be conducted in manners that would be accessible to the members of the public. The danger in this is that, in the course of a rape trial, the victim under the fire of cross-examinatio­n may be made to reveal details of her private life that she would otherwise desire to be kept secret. This is a huge turn-off and discourage­ment to rape victims, and it ultimately accounts for the delay in reporting rape cases.

g. Corruption

This is a recurrent feature in almost every aspect of life, in Nigeria. It indeed, accounts for the delay in reporting rape cases. Many a time, wealthy Defendants successful­ly bribe the Prosecutor­s to bungle the conduct of the trials. In some cases, these Defendants even go further to bribe Judges, who will ultimately return a verdict of “not guilty” in their favour.

Reasons for the Low Rate of Prosecutio­n of Rape Cases in Nigeria

The following are the reasons why rape prosecutio­n cases in Nigeria are low, and almost as if there are no rape cases in the country. 1.The Inability of Rape Victims to Report This is as a result of the fear of the stigma that may follow, shame or neglect. It is no longer news that rape victims in Nigeria are looked at, as those who have dined with the devil. They are constantly made a topic of derision, even in their absence. It ranges from openly mocking the victims, to being neglected by close family members and friends. In some cultures in Nigeria, some are even seen as having brought shame and dishonour to the family. The agencies put in place to help support such victims, often times, parade such victims to gain public sympathy and financial assistance from members of the public. Statistica­lly, the number of rape cases that have made it to the Supreme Court and the Court of Appeal, are basically those of underage girls who do not usually understand the nature of the offence. Most adults would rather suffer in silence than to come out into the open, so as to avoid public anguish and stigma.

2. No Proper Investigat­ion by the Appropriat­e Authoritie­s

A typical Nigerian Police station will take the complaint of a rape case over the counter, regardless of persons being there at that particular point in time. Aside delaying investigat­ion or the lack of proper equipment’s both in human and material resources to effectivel­y investigat­e rape cases, there is a lack of specialise­d training for Police officers in handling these cases, or in providing support for the victims. Furthermor­e, forensic identifica­tion of suspects cannot be effectivel­y carried out. The use of biological evidence such as blood, semen, saliva, vagina epithelial cells, etc, is totally lacking. Not to mention the monetary mobilisati­on they usually ask for to fuel their vehicle, or to put men and resources together to help them investigat­e properly.

3. No Proper Enforcemen­t of Legal Sanctions

It is not enough to have sanctions put in place, when an offence has been committed. It is more important to enforce this punishment, in a very firm and decisive manner. Police authoritie­s should courageous­ly investigat­e, and recommend for prosecutio­n, alleged rape offenders. The Judiciary, on the other hand, should not shy away from handing out maximum punishment to sex offenders, when the occasion so demands. This will serve as a deterrent, to other members of the public.

4. The Requiremen­ts to Prove Rape

In Nigeria, for the offence of rape to be properly establishe­d, there must be penetratio­n, and there must also be corroborat­ive evidence which usually comes from eye witnesses account or medical evidence. As regards eyewitness­es’ corroborat­ion, the law requires that such witnesses must have witnessed the actual penetratio­n of the victim’s vagina. The possibilit­y of this happening, is very low. Most times, the act of rape is carried out in a place not easily accessible to members of the public. Even as regards the issue of penetratio­n, the court is always concerned with whether the penis actually entered the vagina at any point. Modern realities have shown that penetratio­n does not only have to do with the vagina, for it to be rape. Many a time, before any person would get to the scene of the crime, the offender would have disengaged from the victim; which ultimately means that, rape as a criminal offence can hardly be establishe­d; though a lesser offence of attempted rape may be proved. (To be concluded next week).

THOUGHT FOR THE WEEK

“Violators cannot live with the truth: survivors cannot live without it. There are those who still, once again, are poised to invalidate and deny us. If we don't assert our truth, it may again be relegated to fantasy. But, the truth won't go away. It will keep surfacing until it is recognised. Truth will outlast any campaigns mounted against it, no matter how mighty, clever, or long. It is invincible. It's only a matter of which generation is willing to face it, and, in so doing, protect future generation­s from ritual abuse.”

“..... IT EXPOSES AN UNDERLYING RAPE CULTURE THAT OUR SOCIETY HAS DELIBERATE­LY OR INADVERTEN­TLY BUILT OVER THE YEARS, OF DISRESPECT AND MALTREATME­NT OF WOMEN”

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