INDECENT ASSAULT: MAN & MAN

Mr Sali Malu a 38 years old gatekeeper who lives at 31, Peace Estate,Ipaja lagos is facing a two count charge of sexual assault and breach of peace at Abule Egba Magistrate court, he was said to have drugged another man whose name was not disclosed after giving him food to eat, when he woke up his anus was paining him and saw some left over semen in it........................culled from News Agency of Nigeria

 Rape this is the unlawful compelling of another person with force to have sexual intercourse without the person’s consent.

Section 357 of the Criminal Code Act, cap 77 1990 define rape as an unlawful carnal knowledge of a woman or girl without her consent, or with her consent if the consent is obtained by means of false threat or intimidation of any kind, or by fear of harm or by means of false or fraudulent representation as to the nature of the act, or in case of a married woman by impersonating her husband is guilty of an offence of rape.

The penal code ‘A man can be held guilty of rape if he has sexual intercourse with a woman without her consent, or where the consent is obtained through fraud.

From the above provision of the Criminal code (south) and Penal code (North) an offence of rape is a criminal wrong against a woman by a man because the offense of rape will be complete upon penetration and this can be achieved between a man and a woman a man penetrating his sexual organ against that of a woman, because the law believe a man is not capable of penetrating another man (i am sure the draftsman didn’t bear in mind that some people are gay)

The fact that the law doesn’t recognise a man capable of raping another man does not mean that if the accuse is found guilty, the judge will give an honourable hand shake and release him simply because a man cannot rape another man, if found guilty of this offence the law has made adequate provision for such offence which is sexual assault, this is like a baby sister to the offence of rape.

Section 166(d) of the Lagos Administration of Criminal Justice 2011 provide that any trial of rape or defilement of a girl under the age of 13years the facts proved in evidence authorized a conviction under 358 of the criminal code or for an offence wherein the accused is charged, he may be convicted of an offence under section 358 of the criminal code or of indecent assault, as the case maybe on a charge of an information charging him with such an offense of indecent assault.

Indecent assault is an offence punishable with a term of imprisonment if found guilty.

 

Thank you.

 

Oyenike Alliyu-Adebiyi LLB(hons)BL