RAPE IN THE NIGERIAN LEGAL SYSTEM Jurisdiction: the context of rape can best be addressed from the definitions

of the two major jurisdictions in Nigeria relating to criminal matters, these are the Northern and Southern States , each governed by the Penal Code Act of the Northern States and the Criminal Code Act of the Southern States. However, the F.C.T is under the jurisdiction of the Penal Code Act. The issue of jurisdiction is vital to be determined from the outset because according to section 36, subsection 12, of the Constitution of the Federal Republic of Nigeria, 1999, it provides that a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law. Thus, one cannot say that an act is a crime unless the act (rape in the instant case) unless it is so defined and stated, with the penalties attached thereto, in a written law. and the two primary legislations governing substantive criminal law in Nigeria are The Penal Code Act (Northern States) and the Criminal Code Act(Southern States), with Abuja under the Penal Code jurisdiction. Thus, keeping the foregoing in mind, an address of the legal implications of rape, criminally- speaking, as well as the punishments thereto, can only be well-addressed from the legislation/law that governs the subject-matter of the act, which means that the nature of the act will be considered depending on the place where the act occurred, i.e., either in the northern region or in the southern region. In the Southern States: CRIMINAL CODE ACT, Cap C38, Laws of the Federation of Nigeria (LFN), 2004. This is governed by the provisions of Sec. 357 to 359 of the above-stated Law. Rape is defined in Sec. 357 as follows: Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of an offence which is called rape. Section 358 then prescribes the punishment for such act as Any person who commits the offence of rape is liable to imprisonment for life, with or without caning.
Section 359 then considers the crime of attempted rape, which is punishable with a term of fourteen yrs imprisonment, with or without caning. In the Northern States: PENAL CODE ACT, Chapter 53, LFN, 1990 (ABUJA). This law governs the northern states.

A rape is defined in Sec. 282 of the above mentioned law as follows: (I) A man is said to commit rape who, except in the case referred to in subsection (2) of this section, 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.

EXPLANATION. Mere penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Sec. 283. thereafter provides the punishment for rape as Whoever commits rape shall be punished with imprisonment for life or for any less term and shall also be liable to fine.

COMPARISON OF THE TWO LAWS: From the foregoing so far, it is obvious that the issue of rape is given a more severe attention in the southern states than in the northern state, given the punishments ascribed to the act in each of the jurisdictions. For instance, though both laws provide for the punishment of life imprisonment, yet the northern law provides for a situation of a lesser term of imprisonment, as the case may be, while in the southern states, no such leniency is allowed. Also, the mere attempt to commit rape is defined as a crime (see sec. 359 of the Criminal code) punishable with 14 yrs of imprisonment, with or without caning. CONCLUSION In legal practice however, the issue of rape is a very complex one, and the courts will not easily uphold a charge of rape unless in the presence of overwhelming proof. This is mostly because the proof of rape is always a very difficult one. Especially from the medical viewpoint, the fact that proving forceful penetration, without consent, or against the will of the victim, is always a very difficult thing to prove.

Surthermore, a conviction of a rape charge, without corroborating evidence, but strictly on the claim of the victim, is almost impossible. Thus, serious medical proof, amidst other facts, will have to be present before a charge of rape can survive.