ESTABLISIHING THE OFFENCE OF RAPE IN NIGERIA: CHALLENGES AND PROSPECTS

Crime generally is a violation of societal rules of behavior as interpreted and expressed by a criminal legal code created by people holding social and political power. At common law, rape is defined as an unlawful sexual intercourse with a woman against her will, with the essential elements of sexual penetration, force and lack of consent. The provisions of the Criminal and the Penal cover the offence of rape generally in the Southern and Northern parts of Nigeria respectively. These codes make provisions for the offence of rape and its establishment (proof) but their provisions only cover the establishment of rape as it concerns the girl child and women basically. This work takes a close look at the offence of rape, particularly as provided for in the Criminal and Penal codes and Violence Against Persons (Prohibition) Act, 2015 (VAPP Act). It beams a torchlight on their provisions as to the establishment of the offence of rape .The aim of this is to critically examine the challenges inherent with the establishment of the offence of rape as it pertains to corroborating the evidence of the prosecutrix and to profer solutions to the challenges identified. This research work utilizes the analytical method of research. It finds that corroboration is a major challenge in establishing the offence of rape in Nigeria. It recommends that the VAPP Act be given a wider coverage in Nigeria; that is states should domesticate the VAPP or make laws similar to the provisions of the VAPP Act as it relates to the crime of rape. Furthermore, this work states that uncorroborated evidence of the Prosecutrix should be allowed by the courts of Nigeria to stand as proper evidence needed for an offender to be brought to book.