Put in another way, the headline is simply asking "can a woman perform the act of rape in Nigeria and be charged to court for it?" Feel free to comment your opinion in the comments section.
Now, from what was previously obtainable in the laws of Nigeria and in the Nigerian society, rape has to do with penetration and based on that, women don't rape. In our laws like the criminal code of the southern Nigeria and penal code of the northern Nigeria, women can't rape. They can only be convicted for sexual assault. But that's the old stance.
Currently, a particular law in Abuja (that's the Violence Against Persons Act, 2015) contains that women can rape and can be charged to court with rape. So, today in Nigeria, women can and are being charged to court with rape.
According to the sub section (a) of the Section 1 of the Violence Against Persons Act, 2015, a woman has raped if she inserts any part of her body into the vagina, mouth, or anus of another person without the person's consent. If the victim is a young person (below 18 years of age), such penetration automatically amounts to rape because in the eyes of the law, such person's cannot give consent.
It might interest us to know that the maximum punishment for rape in Nigeria is life imprisonment while the minimum punishment is 12 years without the option of fine.
Sadly, this Violence against persons law isn't applicable in the whole states of Nigeria. It's only applicable in Abuja, Anambra and some other states. But, with time the rest of the states will adopt it in order to fully curb the menace of rape in Nigeria.
What do you think?
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