CRIMINAL LAW AND PROCEDURE – OFFENCE OF RAPE  – Statutory provision prescribing the ingredients and punishment for the offence of rape


“Section 282 provides as follows :- “282(1) A man is said to commit rape who, save in the case referred to in Subsection (2), has sexual intercourse with a woman in any of the following circumstances: – (a) against her will; (b) without her consent; (c) with her consent, when her consent has been obtained by putting her in fear of death or of hurt. (d) With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. (e) With or without her consent, when she is under fourteen years of age or of unsound mind. (2) Sexual intercourse by a man with his own wife is not rape, if she has attained to puberty.” Section 283 of the same Penal Code provides as follows:- “Whoever Commits rape, shall be punished with imprisonment for life or for any less term and shall also be liable to fine.” For the prosecution to prove the offence of rape, it must establish the following ingredients: – 1. That the accused had sexual intercourse with the woman in question. 2. That the act was done in circumstances following under any one of the five paragraphs in Section 282 (1) of the Penal Code. 3. That the woman was not the wife of the accused; or if she was his wife that she had not attained puberty. 4. That there was penetration of the vagina of the victim no matter how slight by the accused’s penis.” per GALUMJE, J.S.C. in EYONG IDAM v. FEDERAL REPUBLIC OF NIGERIA (2020- LCER-39165-SC) at p. 5 – p. 6

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