23/12/2025
What is the opinion of the law with regards to the offence of r**e 🤔🤔🤔🤔
Below is a clear legal explanation of the offence of r**e, with reference to Nigerian law.
*What is R**e in Law?*
Under Nigerian law, r**e is a serious criminal offence involving sexual in*******se without consent, obtained through force, threat, intimidation, fraud, or where the victim lacks capacity to consent.
Consent must be freely given. Any sexual act without genuine consent is unlawful.
*R**e Under Nigerian Statutes*
(a) Criminal Code Act (Southern States)
Under the Criminal Code Act, section 357 provides:
Any person who has unlawful carnal knowledge of a woman or girl without her consent, or with consent obtained by force, threats, intimidation, fear of harm, false pretences, or fraud, commits the offence of r**e.
Section 358 states the punishment:
Life imprisonment, with or without caning.
(b) Penal Code (Northern States)
Under the Penal Code, r**e occurs where a man has sexual in*******se with a woman:
Against her will
Without her consent
With consent obtained by fear or threat
With consent when she believes he is her lawful husband
When she is under a certain age or incapable of giving consent
Punishment:
°Life imprisonment, or
Up to 14 years imprisonment, and may include fine or caning.
(c) Violence Against Persons (Prohibition) Act 2015 (VAPP Act)
The Violence Against Persons (Prohibition) Act 2015 broadened the definition of r**e.
Under Section 1, r**e includes:
Pe*******on of the va**na, a**s, or mouth
Using any body part or object
Against any person (male or female)
Without consent
°Punishment:
Life imprisonment
Minimum of 12 years imprisonment
°Additional compensation payable to the victim
⚠️ The VAPP Act applies directly in the FCT and in states that have adopted it. *Key Legal Elements of R**e*
To prove r**e, the prosecution must establish:
✅Sexual pe*******on
✅Lack of consent
✅Use of force, threat, deception, or incapacity. *Important Legal Clarifications*
Marriage
