The Lagos state police command has arrested the divisional police officer in charge of Onikan Mr. Adekunle Awe for alleged rape and threat to life when she was arrested and detained by some officers in the police station.
In her words, she said the DPO made sexual advances towards at her by rubbing his hand all over her body,she rejected his advances and the DPO threatened that he will make her spend the rest of her life in prison for these reason,because she was afraid of her life and allowed him to have his way without her wish,she claimed all effort to make him protect himself proved abortive.
She was later released the following day after paying the sum of Thirty Thousand Naira to the IPO in charge of the police station,on release by the police,she felt cheated and went to the Lagos Island Maternity Clinic to do a medical test.The medical test was signed by one Dr. Seriki which read as follow:
A complaint of sexual assault ; no laceration,no bruises, no areas of hypermedia, negative for HIV 1 & 2,pregnancy negative,she has been placed on PEP and emergency contraceptive.
The first issue for determination is whether the DPO can be charged with the offense of rape,as no force was reported.
Section 357 of the criminal code of the Federal Republic of Nigeria states that any person who has unlawful canal knowledge of a woman,girl against her will without her consent ,where the victim's consent is obtained under fear of death or whether consent is given under intoxication or unsound mind shall be guilty of an offense of rape.
What this section of the law is saying that even where sexual intercourse is done based on a threat by one person to another even though no bruises or force occurred it is rape,therefore if the DPO had sexual intercourse with her then it will be assumed that he used his power as a person in authority to take advantage of the lady and may be guilty of rape.
The second issue for determination is whether the medical report from Lagos Island is admissible as evidence against rape.
one of the major ways of proving rape is through medical reports conducted on the victim of rape,In INEC V. ATIKU for a medical report to be admissible as evidence in a law court it must be from government hospital or from a private hospital on recommendation,therefore the evidence tendered by the victim of rape in this case is admissible in courts in Nigeria as Lagos Island Maternity Hospital is a Lagos State Government owned hospital.
Please note that it does not mean that medical reports from private hospitals are not admissible but the fact that its a government hospital will give it weight as it is believe that results from privately owned hospitals may be manipulated.
Thank you
Oyenike Alliyu-Adebiyi LLB(hons)BL
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