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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Critical appraisal of the offence of rape under the codes and the new Child Right Act 2003
Author:Adeleke, F.A.R.
Periodical:Journal of Oriental and African Studies
Geographic term:Nigeria
Subjects:sexual offences
Abstract:Rape is the most heinous of the sexual offences in Nigeria. It is an act whereby a man has sexual intercourse with a woman without her consent. According to the definition of section 357 of the Nigeria Criminal Code, this offence can only be committed by males on females. The present paper shows the inherent fallacy in the present law by bringing into focus the possibility and incidents of rape of men by women. Furthermore, it argues that events in society have rendered fallacious the philosophical reasoning that there is a permanent implied consent from a wife to sexual intercourse at all times with her husband. Also, the paper examines the new definition of rape as contained in the new Child Right Act of 2003. The paper brings into focus the inconsistency of the offence of rape with the express provision of the Constitution and the need to redefine rape in line with societal reality and what obtains in other jurisdictions. Notes, ref., sum. [ASC Leiden abstract]