CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background to the Study
Rape can be viewed as an involuntary sexual activity involving the use of coercion and the absence of consent. It may also be defined as a type of sexual assault, performed against a victim by the perpetrator without their permission. Rape, as a type of sexual assault is typically understood as a sexual act coerced or non-consensual regardless of the sexual orientation, gender identity of the abuser or the victims. Sexuality problems are one of the most important aspects of human life and are directly linked to an individual's physical as well as psychosocial well-being. Psychologists have long assumed that boys and girls reach sexual maturity by the end of puberty and physical maturity at an early point. According to the UN Education Scientific and Cultural Organization-UNESCO (1978) one of the basic human rights is the right to safety from adverse effects, violence and exploitation. UNICEF reaffirmed that their goal is to promote the protection of the rights of children, particularly children under the age of 18, in order to meet their basic needs and increase their opportunities to reach full potential. These rights comprise the right to protect children from rape, sexual assault, bullying and right to education. Rape is a serious public health problem that seriously prevents girls' development and education in sub-Saharan Africa, especially Nigeria, where experience is strong (National Population Commission, 2009).
It is a kind of sexual harassment that is generally committed without the consent of the individual involving sexual contact or other kinds of sexual penetration. The conduct may be enforced through physical force, intimidation, and misuse of authority or against a person who is unable to consent validly, such as an unconscious person who is impaired, mentally deficient or below the statutory age of consent. Research in different countries including Nigeria has revealed that a large proportion of girls during their first sexual contact are being exploited or coerced. It is difficult to accurately assess the prevalence of rape in Sub-Saharan Africa, given the limited research carried out on this topic.
Rape is quite distinct from other crimes in that almost all perpetrators of this criminality are male, despite the fact that various forms of rape have been identified as of late. Unlike other crimes, most cases go unreported regardless of the data to show that the incidence of sexual harassment is rising. Although various forms of sexual activity are not in themselves unlawful, circumstances prevail at the time; for example, participants' lack of consent and youthfulness may make the action illegal and lead one of the offenders to lengthy prison sentences. And despite the physical nature of the crime, the damage is psychological and emotional, not physical. Mental and psychological responses can be very hard for each person and can include anger, depression, weeping or feeling numb, fear, lack of emotional balance, anxiety, non-eating and not sleep family and friends loneliness.
Rape was once thought to be a result of uncontrolled sexual desire but is now seen as a manifestation of patriarchal superiority over the victim, which is the reason it is viewed as an act of violence and the most severe form of sexual harassment.
Rapes are considered to be a serious crime in every legal system because it represents an outrage and a grave breach of the physical and emotional dignity of women. According to the common law in England, rape is described as "the carnal knowledge and in violation of the will of a woman." The unlawful sexual activity perpetrated by a male with a woman who is not his spouse by coercion or against her will arise with the provision of at least a minor penile penetration into the vagina, in common law. In England and Wales, under the English Sexual Offences Act 2003, rape is described as non-consensual penile penetration of another person's vagina, anus or mouth. The old legislation described rape as a non-consensual or anal intercourse. The new laws also made rape punishable by a mandatory life imprisonment term.
Under criminal law, rape is an abuse of a person who has sexual contact with another without the consent of the other. Aside from law, this concept is also used interchangeably with sexual assault; a closely related type of sexual assault usually includes rape and other types of non-consensual behavior. Rape is committed by use of lethal force, intimidation or injury, including threats to death against a family member. People who commit violent rapes include strangers and the victims who already know them. Mates, associates and others can also rape on a date or even during an ongoing romantic relationship, whether during the sexual activity consent is not given or is given under coercion. An accusation for rape can be tried any time, although there is clear probable proof of consent to the delay or to fail to lodge a complaint at the appropriate time.
Rape is now a regular national decimal; young girls, elementary school pupils and even older women are raped. Many nations are actively embroiled in the crime of rape, but there is no talk of persecution or prosecution.The reality is that many instances of rape and child abuse are not actually reported,, the perpetrators go scot-free and therefore pose a major danger to the female people, although at the same time most of the cases reported are not pursued because of the mindset of some parents and guardians who would prefer not to pursue the case for fear of potential victim stigmatization.'
However, it is concerning that people tend to live in silence when they have been victims of crimes with penalties. This is simply because of the way society is; hence they don't want to bring undue attention to the victim? Nonetheless, the laws on the crime of rape in Nigeria have to be revised, the regulations of other countries ought to be extensively studied and used as a framework for reforming our retroactive legislation.
Sexual abuse may occur when the child is involved in inappropriate sexual activities by a parent or caregiver. This may take the form of real sexual intercourse, kissing, or inappropriately touching the private organs of the victim. Sexual harassment happens when an adult or older person uses their control over a child. The assault can manipulate, bribe, intimidate and compel a child to engage in sexual activity where possible.
Pre-marital sex is sexual intercourse performed by single adults. Historically, premarital sex has been considered a moral problem that has been an abomination in many cultures and considered a sin by a number of religions, but it has been commonly accepted since about the 1960s, particularly in western societies.
1.2 Statement of the Problem
In our society and institutions the proliferation of rape has continued to receive little to no recognition. It appears to be getting cold reactions from both government and school authorities. Government, society, and school officials have been found to be quiet about sexuality and rape problems. The effects of rape on psychosocial change such as eating disorders, low self-esteem, anxiety disorders, general psychological distress and disorders such as somatization, neurosis, persistent pain, sexual activity (i.e., lack of interest in potential sexual intercourse), school or learning difficulties and behavioral issues like drug abuse, self-destructive behavior, and crimson. This puts their life and future in jeopardy.
The continuous occurrence of rape in the society has been attributed to the contribution of the victims themselves. Many quarters hold that the rate of indecent dressing and seductive outlook of the female gender in our contemporary world today arouses the male folks to want a bit of the cherry.
Proving a case of rape under our Laws has posed a major challenge because of its stiff and strict requirements. The ingredients of proofing a rape case are usually a heinous task. This is especially where the crime is not reported immediately it was committed. And due to societal stigmatization, most victims of rape fail to report the crime. Some are faced with the threat of violence against them if they speak up; hence they choose to keep it to themselves. Statistically, about 50% of rape cases are not reported and not accounted for and the perpetrators can be seen walking around the street freely.
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