CRIMINAL LAW AND PROCEDURE – OFFENCE OF RAPE – When would the offence of rape be said to have been committed


“At pages 251 of the record, the Appellant admitted under cross-examination that he had had sexual intercourse with the prosecutrix more than six or seven times before this one for which he is standing trial. With this admission, the question of penetration of the vagina of the prosecutrix is no longer in controversy. The question is whether the victim was below 14 years as at the time of the commission of the offence. PW2 the father of the prosecutrix who had the record of her birth gave evidence that she was 13 years at the material time. Whether she consented to the sexual intercourse or not, the Appellant’s act of sexual intercourse with her amounted to rape. On the issue of penetration of the vagina, PW1, the prosecutrix gave evidence that she was raped. PW4 the medical doctor, who treated PW1 on admission at Wuse General Hospital, testified at page 228 of the record of this appeal as follows:- “Further vaginal examination revealed fresh rim of hymen with a tear at the lower aspect of the vagina extending to the skin of the perineum. There was blood observed in the vagina and the area of laceration of the skin.” Clearly, this piece of evidence corroborates the evidence of PW1 that she was raped. Not only that the evidence has clearly shown that there was penetration of the prosecutrix’s vagina by the Appellant’s penis. I have no doubt in my mind that the Appellant committed the offence of rape.” per GALUMJE, J.S.C. in EYONG IDAM v. FEDERAL REPUBLIC OF NIGERIA (2020- LCER-39165-SC) at p. 7 – p. 8

Add to LawKit (0)