Legal Protection Against Sexual Violence in Nigeria: Challenges and the Way Forward

 By Oluwafemi Hope  Precious

Prince Abubakar Audu University 

 

 

ABSTRACT

 

Sexual violence remains one of the most pressing human rights issues in Nigeria, cutting across gender, age, and social class. Despite the existence of several legal frameworks victims still face significant barriers to justice. This paper examines the nature of sexual violence in Nigeria, the laws that protect victims, and the challenges in enforcing these laws. It also highlights key obstacles such as victim-blaming, society and family neglect, inadequate institutional support, and partial domestication of relevant legislation. The article concludes that beyond legal reforms, public education, institutional strengthening, family and community involvement are crucial to ending sexual violence and ensuring justice for victims.

 

 

INTRODUCTION 

   Sexual violence is one of the most immoral, serious, and damaging  in every society. It goes beyond physical harm, but affects the victim psychologically, emotionally, and even affects the confidence and dignity of the victim. In Nigeria today, many women, children, and men have suffered from one sexual violence or the other, from rape to innocent assaults. The sad part of this is that most cases go unreported. As for every one reported case, there are 99 more unreported. This is likely because of the victim's fear, shame, stigma, or even retaliation. 

  Sexual violence is more than just a moral issue. It is a grave violation of human rights and a crime under Nigerian law. Every person deserves protection from sexual violence and access to justice when such occur. This article examines how the law protects victims of sexual violence in Nigeria, challenges in enforcement, and recommendations on a step forward to protect victims of sexual violence in Nigeria.

 

UNDERSTANDING SEXUAL VIOLENCE  

     Sexual violence refers to any act that is sexual in nature carried out against a victim against the person's will or without consent. It includes rape, attempted rape, harassment, innocent assault, and other forms of sexual abuse. 

   In Nigeria, sexual violence occurs in different settings. It could be either in the home, school, workplace, or even religious centers. It is not often done by strangers, as perpetrators could either be relations, relatives, teachers, employers, or even neighbors. This is why most victims are afraid to speak up due to fear of being disbelieved or stigmatized. In many traditional societies, matters that are sexual in nature are so private that they are not to be spoken about. This silence can enable abusers to continue their crimes. 

   It's important to note that both males and females could be victims of sexual violence, though girls and women are often involved in most cases. Men and boys, too, can suffer from sexual violence, but are often silent due to ridicule or disbelief. Regardless of gender, everyone should be protected from sexual violence under the law.

 

 

LEGAL FRAMEWORK FOR SEXUAL VIOLENCE IN NIGERIA 

   Nigeria has many laws that address sexual violence, which include the Criminal and Penal Code, the Violence Against Persons (Prohibition) Act 2015, and the Child Rights Act 2003. 

 

● The Criminal and Penal Code: The Criminal and Penal Code criminalizes rape and other forms of innocent assault. Specifically Section 357 of the Criminal Code criminalizes rape applicable in the southern part of Nigeria, while a similar provision is found Section 282 of the Penal Code applicable in the northern part of Nigeria. Section 218 of the Criminal Code criminalizes defilement of a girl under 13 years with or without consent. Similar prohibition is found in Section 282(e) of the Penal Code for girls under 14 years. The punishment for rape under both the Criminal and Penal Code is life imprisonment. 

  However, these laws are limited in the sense that it defines rape only in relation to a man or a woman, a woman or a girl, excluding male victims. Also, it focuses on vagina penetration and does not recognize other forms of sexual abuse.

 

● Violence Against Persons (Prohibition) Act 2015: The Violence Against Persons (Prohibition) Act (VAPP) is a more progressive law on sexual violence in Nigeria. It defines rape broadly as any penetration with any sexual organ, object, or any part of the body without consent. The definition covers males and females alike.     

However, the VAPP Act originally applied within the Federal Capital Territory, Abuja, as states are required to domesticate it before it can be applied within their jurisdiction. As of now, 35 out of 36 states have domesticated the act, with only Kano State left. Kogi, Borno, Jigawa and Katsina has passed it but are yet to gazette the law, which delays full enforcement.

 

● The Child Rights Act 2003: The Child Rights Act protects children from all forms of sexual abuse and exploitation. It prohibits sexual intercourse with a child and classifies it as defilement, punishable by life imprisonment. It also criminalizes child marriage, child pornography, and trafficking. 

Like the VAPP Act, its effectiveness depends on whether states have domesticated it, and sadly, not all states in Nigeria have done so, as only 34 out of 36 states have domesticated it.

 

 

CHALLENGES TO PROTECTION AGAINST SEXUAL VIOLENCE IN NIGERIA 

1. Victim Blaming: Victims of sexual violence most times face stigma and rejection from society. Instead of being supported, some victims are blamed for being victims of sexual violence. Questions like “why was she dressed like that” “Why did she go to the guy's house” shifts the responsibility from the perpetrator to the victim. This toxic culture of blaming the victims discourages victims from speaking out and reporting, and even enables the perpetrators to continue because their acts can be justified by the victim blamers. 

 

2. Lack of evidence and Delay in reporting: Sexual violence cases often depend on corroborated evidence like medical evidence, which can disappear if the victim did not report immediately or even go to the hospital. Most victims are not even aware of the need to go to a medical center or a hospital for reports and are most times afraid to do so even if they know. When they do so, the lack of timely medical reports weakens their case in court. 

 

3. Weak institutional support: Many communities, especially rural areas, lack support systems like even basic health and medical centers or counseling services. Without this, victims find it hard to get medical help, psychological support, or evidence needed to prosecute the offenders. 

 

4. Parental and societal neglect: Many children who are victims cannot speak out because they lack trust or emotional connection with their parents. Some parents fail to listen or provide the care their children need, leaving them vulnerable to abuse. Society also worsens the problems by silencing victims, protecting offenders, or treating sexual violence as a private matter. This neglect and indifference allows sexual abuse to continue unchecked.

 

 

 

 

RECOMMENDATIONS AND WAY FORWARD 

1. Public Awareness and education: Schools, educational centers, non governmental organizations, and the media play a role in making the public aware to change harmful attitudes and myths about sexual violence. People should be encouraged to speak up or not be silent and immediately seek help if they are victims of sexual abuse or know anyone who is. People should also understand that it is never the victim's fault and stop the victim-blaming culture. 

 

2. Strengthen institutions and support services: The government should establish more health or medical centers across Nigeria, especially in rural communities, with free medical care, counseling, and legal aid to victims. Community and religious involvement. 

3. Community and Religious involvement: Traditional and religious leaders should use their influence to promote zero tolerance for sexual violence. Their voices carry weight in communities and can help break the culture of silence. 

 

4. Family institutions: Parents, guardians, and family members must show genuine care and interest in their children's life, both emotionally and physically. Families should provide proper sexual education to help children understand boundaries and recognize abuse. Parents should also create a safe space where their children can freely speak about anything that makes them uncomfortable. Moreover, they must be cautious about leaving their children in the care of strangers or untrusted individuals.

 

5. Full Domestication and Implementation of the VAPP Act and the Child Rights Act: Every state in Nigeria should domesticate and implement the VAPP Act and the Child Rights Act. The law’s comprehensive and gender-neutral provisions can provide consistent protection for victims across the country.

 

 

CONCLUSION 

    Sexual violence is a deep wound in the body of society. It violates human dignity, destroys confidence, while leaving lasting emotional scars. The society, family, and government needs to protect victims more and prevent sexual violence, as the fight is not just for the government alone. It requires the involvement of families, schools, religious institutions, and the media. Although the law provides protection, it is not enough. True protection begins at home. Families must be attentive and present in their children's lives, while society must replace silence with support and compassion. In doing so, victims will find the courage to seek justice and perpetrators will face the full weight of accountability. Ending sexual violence is not just a legal duty, it is a moral duty.