Friday 14 November 2014

CRIME ZONE: RAPE

One Andrew Ekanem, a motorcyclist who resides at Bariga, Lagos has been arrested by the police for raping a 14 year old tuberculosis patient.
The victims’ mother, Mrs. Adenike Aderinkomi, told Punch that the 35 year old cyclist, penetrated her daughter through the anus and vagina.
“It was around 2am on Monday when my daughter woke up and said she wanted to go and ease herself. I was having my quiet time and didn’t know when I slept off. I woke up about 15 minutes later and didn’t see her in the room. I woke her father up and he said he didn’t know her whereabouts. We both became anxious and went outside to search for her. Another neighbour also joined us in the search. About 10 minutes later, my husband saw our daughter coming out of Ekanem’s room. People started asking questions but she insisted she went to ease herself…so I pulled her away from the growing crowd of neighbours and pressed her to talk.
“My daughter became afraid. She then told me that while she was on her way to ease herself, Ekanem grabbed her and took her inside his room to sleep with her. She said while I was shouting her name, he covered her mouth.
“People seized him and wanted to beat him up but I had to quickly report the matter to the police very early in the morning so people would not take the law into their hands,” she said.
A medical report from the Gbagada General Hospital, where the victim was rushed to, revealed that the victim sustained bruises in her private parts.
The report, signed by one Dr. Ojekunle of the hospital, stated, “The child was caught with a neighbour around 2am today. She confessed that the neighbour called her on her way to ease herself and forced her and had sex with her.
“She sustained bruises in her anus and vagina (as a result of) sexual assault.”
The Public Relation Officer of Lagos Command confirmed the incidence and that the suspect has been charged to court......................CULLED FROM DAILY POST

LEGAL OPINION;

Whether Andrew Ekanem can be guilty of an offence of Rape.

Section 357 of the criminal code law of the Federal Republic of Nigeria any person who has unlawful carnal knowledge of  a woman, girl against her will, without her consent, where the victim’s consent is obtained under the fear of death or whether the consent is given under intoxication or unsound mind shall be guilty of an offence of rape.

Whether there is element of rape in the above scenario.

An offence of rape is complete upon penetration of male sexual organ against a woman.

How can this be proved.

This can be proved through immediate medical certification and report to the relevant authorities like the Police.

Rape is a criminal offence and any one convicted shall be liable for a term of imprisonment.

SAY NO TO CRIME .

Thank you.

Oyenike Alliyu-Adebiyi LLB (hons) BL 

 

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