Increasing Cases of Rape in Nigeria: The Need to Take the Issue of Criminal Responsibility for Rape beyond the Realm of Uncertainty

Abstract

In the recent past, there has been an upsurge in the number of crimes committed in Nigeria. This may not be unconnected with the rising cases of violence and distortion of moral values in many parts of the country. The case of the offence of rape, particularly, is assuming a very dangerous dimension. The failure of our system for criminal accountability to convict most of the perpetrators of rape seems to encourage the offence. The prosecution in most of the cases of rape fail to secure conviction more often than not because there was no corroboration of the evidence of the prosecutrix as to penetration. It is not our laws (substantive or procedural) that require that the evidence of the prosecutrix must be corroborated before there can be conviction. It is the common law that provides for same and yet says that a judge may however convict the accused upon an uncorroborated evidence of the prosecutrix after he has warned himself that it is not safe to convict upon such evidence. There is a compelling need now to re-examine our laws and its administration so as to cover whatever loophole that exist therein from where criminals escape justice so as to protect whatever remains of the dignity of our womenfolk.