Analysis of the Domestic Legal Framework on Sexual Violence in Nigeria

Abstract

This paper analyses the domestic legal framework of sexual violence in Nigeria. This paper recognises that sexual violence has been on the increase in Nigeria and seeks to know the legislative and judicial framework for curbing same. The paper examines different laws especially federal laws which should have uniform application all over the country. The paper discovers that the VAPPA which is a very current law made a lot of improvements on the already existing laws especially in its definition of rape and the sentence imposed on offenders. The Childs Right Act is also an important legislation but the paper discovers that some States are yet to enact their Childs Right Law which would enable them prosecute paedophiles in their States. A major concern of this paper is the fact that child defilement has been condoned in Nigeria on grounds of cultural practices and religion and it is the papers position that this trend must be addressed if we must save our children. The paper also discovers that the Criminal and Penal Codes have various provisions addressing sexual violence but the punishments for the offenses differ a great deal in both legislations. The judiciary has not been of much help in this regard as the punishment for offenses are so watered down against the provisions of the statutes. The paper therefore calls for a review of some of the laws as they are considered obsolete and also recommends that punishment for offenses should be applied the way it is provided for in the statute books.