Rape in Nigeria: Theory and Reality
Paola Brigneti
Shadrack Egbonimali
On September 2011, a video of a Nigerian woman being gang raped emerged on the
Internet. As the five men took turns raping her, she pleaded to her rapists to kill her. She
knew that being raped was not only hurting her physically and psychologically, but she
knew that her honor would also be permanently stained in the eyes of Nigerian society.
Despite the explicit nature of the 10-minute video, local authorities dismissed it. In fact,
university and government officials denied the video’s authenticity and claimed that the
rape did not took place on or around the university campus. Thus, they excused themselves
from any duty to bring justice to the rape victim, or to enforce the criminal laws regarding
rape.
Nigeria’s Youth Minister, Bolaji Abdullahi, was the only official to come forward and issue a
statement calling for the university and the police to arrest and prosecute the men shown
in the video. He even did something unheard of: he offered assistance to the woman.
In 2001, Bariya Ibrahim Magazu, a Nigerian teenage single mother was given 100 lashes for
adultery. Bariya claimed she had been raped by three men but, in accordance with Sharia
law, she was required to show proof that the men who raped her had indeed forced her to
have sex with them.
Under Sharia law, Bariya’s rape was interpreted as fornication because she was unable to
present witnesses who would confirm the veracity of her rape accusations. Fornication, a
Hudud offence under Sharia law, can result in punishments as severe as death by stoning.
Whether addressed by the Nigerian law, or under Sharia law, both these women ended up
bearing the burden for being raped. As if having been victimized once were not enough,
they were further punished by archaic laws that place the blame on women. This legal
approach to rape has continued to bring suffering to Nigerian women across the country.
In order to find out more about people’s conception about rape, Delta Women conducted a
local survey in Delta State, Nigeria. Our sample included 12 female and 10 male
respondents between the ages of 15 and 50.
Survey results showed that most participants were acquainted with the definition of rape.
The most commonly provided definition of rape was “an act of sexual violence that involves
intercourse without consent or against someone’s will.“ However, when asked about why
women get raped, most participants attributed rape to the behavior of women and to the
indecent way in which some women dress. Other reasons provided were low self-esteem in
men, drugs and alcohol, hatred of women, and unwanted thoughts in men’s minds. The
results matched the unfounded beliefs that women are the ones to blame for provoking the
rape. Not surprisingly, women in the Niger Delta are often unwilling to testify about their
experiences.
The question is: Did respondents mean to say that rape is an act of sexual violence done
without a woman’s consent because of the way women act or dress? Is this an example of
the good old “she was asking for it” excuse? I certainly hope not.
Even though the Delta Women survey showed the participants’ knowledge of the definition
of rape, the results suggested a need to gain a better understanding on why rape happens
in Nigeria and other societies.
Survey participants were also asked about how rape is addressed under Nigerian and
Sharia laws. The results indicated that the participants knew little about government laws
addressing rape. Additionally, their knowledge of Sharia law was limited to the fact that
these laws are derived from the Koran and are mostly followed by people of Muslim faith.
This limited understanding of Sharia law might be explained by the fact that all participants
reported being Christian.
The lack of awareness regarding laws surrounding rape is alarming. How are individuals
supposed to protect themselves, and to exercise their rights, when they are unaware of the
laws that are in place? Perhaps there is a need for some sort of campaign to make rape laws
better known among the Nigerian populace. But, in the absence of that, I will provide a
synopsis of how the law in Nigeria protects against rape.
In addition to having ratified the Declaration on the Elimination of Violence Against
Women (“CEDAW”), which was designed to put an end to all types of violence against
women, including rape, Nigeria has specific laws addressing rape. Section 357 of the
Criminal Code states that “any person who has unlawful carnal knowledge of a woman or
girl, without her consent, or with her consent, if consent was obtained by force or by means
of threat or intimidation of any kind, or by fear or harm, or by any 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 called rape.” Under Section 358, the
punishment for rape is life imprisonment. Only four percent of survey respondents were
aware of this punishment.
Whereas the law might appear to provide protection to the victim of rape, the key word to
focus on is “consent”, as it is the victim’s duty to prove that she did not consent to the rape.
This is a main difference from the way in which rape is addressed under the law in other
countries in which the individual accused of rape can claim the defense of consent, but then
bears the burden of proving that the victim consented.
Having to prove that the intercourse was not consensual further contributes to the culture
of silence surrounding rape. A woman who has been raped also has to deal with
humiliation by the police, as well as the “embarrassment” resulting from public
acknowledgement. Moreover, in Nigerian society, when a woman is raped, she and her
family are ostracized due to the dishonor associated with rape. All people surveyed by
Delta Women agreed that when a woman is raped, her family is dishonored as well.
The Nigerian Constitution, however, does not specifically prohibit rape. In addition, the
laws that exist, such as the ones mentioned above, are oftentimes outdated, and not
enforced.
Moreover, the Nigerian government tolerates the existence of customary and religious
practices, some of which adversely affect women. Sharia law, which applies in twelve
Nigerian states, is one example of customary law. Under Sharia penal laws, rape is
criminalized. However, the definition of rape does not follow the principles underlined by
the country’s criminal laws, and does not provide sufficient protection or redress for
women and girls who have been raped. In some instances, a woman’s failure to consent is
not considered in criminal proceedings under Sharia law.
As with Nigerian law, under Sharia law, victims are burdened with proving the absence of
consent. Moreover, a woman’s rape accusation can only be backed by eyewitnesses and no
circumstantial evidence is accepted. In fact, the way Sharia law works makes it very
challenging to prosecute rape, once again leaving the perpetrator unpunished and exposing
the victim to yet another traumatic experience.
In some cases, Sharia law only levies a monetary punishment against a convicted rapist. For
example, a rapist might be obliged to pay the victim the amount she would normally
received as marriage payment, or if the rapist cannot be punished, he must pay the victim
the amount equal to bride-money. When asked about whether monetary compensation was
sufficient punishment for rapists, eighty percent of survey participants said that money did
not compensate for the trauma and the dishonor resulting from rape. The remaining
twenty percent approved of monetary compensation.
In addition, it should be noted that, that neither Nigerian law nor Sharia law criminalize
marital rape. Under both sets of laws, a husband cannot be accused of raping his wife.
Under both legal systems, prosecuting rapists represents an extremely challenging task.
Interestingly, the survey conducted by Delta Women showed that participants believed
rape should be severely punished. In some instances, participants suggested rapists should
be incarcerated for extended periods of time, and some even advocated for castration of
the perpetrators. However, despite the demand for punishment, laws continue to turn a
blind eye to rape in Nigeria.
The reality is that rape terribly hurts women. In order to eliminate rape, we must first
understand it.
Contrary to participants’ beliefs, rape is not caused by women’s behavior. In reality, rape is
used to oppress women, especially in societies where women are less valued. When
women’s value is framed in terms of their sexual purity, women’s status becomes more
vulnerable. If virginity is what makes women honorable, rape is an easy weapon to
permanently damage them. Not surprisingly, the societies and cultures that view women
and men as equally valuable are less likely to have incidence of rape.
The fact is that rape is used to oppress women. Regardless of the governing laws, women in
Nigeria—and around the world—need to be protected from such a terrible crime. Sadly,
the laws in Nigeria appear to further victimize and humiliate women. They do not bring
justice to them. Until new laws are specifically tailored to protect women, and the actors
responsible for enforcing them do so, women’s rights across Nigeria will continue to be
violated. Nigeria will be depriving itself from what has been shown to be the most effective
tool for development: the female factor.
Sources consulted:
Steiner, S. (2002). Sharia Law. Retrieved on February 5, 2012 from
http://www.guardian.co.uk/world/2002/aug/20/qanda.islam
Chineze J. Onyejekwe (2008). Nigeria: The Dominance of Rape. Retrieved on February 5, 2012
from http://www.bridgew.edu/soas/jiws/Oct08/Onyejekwe.pdf
Huffington Post (2011). Nigeria Rape Video: Footage Of Brutal Attack On Woman Outrages
Nation. Retrieved on February 2, 2012 from http://www.huffingtonpost.com/2011/09/21/nigeriarape-video-footag_n_974408.html