TABLE OF CONTENTS
TITLE PAGE i
CERTIFICATION ii
DEDICATION iii
ACKNOWLEDGEMENTS iv
TABLE OF CONTENTS vi
TABLES OF CASES x
TABLE OF STATUTES xvi
ABBREVIATIONS xvii
ABSTRACT xx
CHAPTER ONE: INTRODUCTION
1.1 Background to Study 1
1.2 Statement of Problem 3
1.3 Scope of the study 6
1.4 Objectives of the Study 7
1.5 Significance of the Study 7
1.6 Methodology of Research 9
1.7 Organization of Study 9
1.8 Definition of Terms 10
CHAPTER TWO: LITERATURE REVIEW 14
CHAPTER THREE: A PANORAMA OF THE OFFENCE OF
RAPE UNDER THE NIGERIAN CRIMINAL JUSTICE SYSTEM
3.1 Definition of the Offence of Rape under the Nigerian Criminal
Justice System 23
3.1.1 The Mens Rea 28
3.1.2 The Actus Reus 29
3.1.3 The Penal Code 30
3.2 Capacity to Consummate the Offence of Rape 31
3.3 Examination of the point at which the offence of rape can be s
aid to be consummated 34
3.3.1 Penetration 36
3.4 The Concept of Consent as a Vitiating Element 40
3.4.1 Consent by Force, Intimidation or Threat 41
3.4.2 Evidence of Past Sexual History of Victim and Consent 41
3.5 The Proper Standard of Reasonability 42
3.6 The Concept of Fraud 45
3.7 The Effect of Administering Mind altering substances 46
3.8 Non-Consensual Condom Removal 49
3.9 Statutory Rape and Defilement of Girls; should there be a Merger? 51
3.9.1 Statutory Rape in Nigeria 52
3.9.2 Distinction between Statutory Rape and Defilement of Girls;
should the Offences be Merged? 53
3.10 Corroboration in Sexual Offences; the Propriety 55
3.11 Attempted Rape 56
CHAPTER FOUR: A PERUSAL OF THE OFFENCE OF RAPE
AS IT APPERTAINS TO PERSONS WHO CAN CONSUMMATE
THE OFFENCE AND THE OBJECT AND SUBJECT OF COMMISSION
4.1 Capacity of a Man to Commit Rape 59
4.1.1 Capacity of a man to rape in Nigeria 62
4.2 The Ability of a Woman to Commit Rape 67
4.3 Can a Child below Twelve Years Rape? 73
4.4 What is the Propriety of the Assertion that Rape may be
constituted as Between Men and Vice Versa? 73
4.5 The Object and Subject of Rape: Should their Meanings
be expanded? 76
4.5.1 The Need for Expansion of the Meanings of the Object and
Subject of Rape 78
4.6 How has the Violence Against Persons (Prohibition) Act
2015 Affected the Capacity of Persons who can Commit Rape? 79
4.6.1 Limitation of the Definition of the Offence of Rape as Contained
in the Violence Against Persons Act 83
4.7 The capacity of a Man to Rape the Wife and Vice Versa 85
4.7.1 Can a Husband be said to commit Rape on the Wife 85
4.7.2 Limitations to Marital Immunity 88
4.7.3 Can a wife rape the husband? 90
4.8 The Concept of Indecent Assault 91
4.8.1 Elements of Indecent Assault 92
4.8.2 Indecent Assault in Marital Relationships 95
4.9 Gentle Violence and Marital Rape: The Way Forward 97
4.10 Acquaintance Rape 98
4.11 The Constitutional Right to Privacy vis á vis Rape Reporting 99
4.12 Health Consequences 101
CHAPTER FIVE: SUMMARY, CONCLUSION AND RECOMMENDATIONS
5.1 Summary 104
5.2 Conclusion 108
5.3 Recommendations 110
BIBLIOGRAPHY 114
