The Lagos State Ministry of Justice says certain provisions in the 2014 Sexual Offences Bill passed by the National Assembly were inconsistent.
The ministry therefore urged President Muhammadu Buhari to review the bill before signing it into law.
The Permanent Secretary and Solicitor-General, Lagos State Ministry of Justice, Lawal Pedro, stated this in Ikeja, a statement said on Wednesday.
The response of the government was at the instance of the Domestic and Sexual Violence Response Team – a group of experts coordinated by the ministry.
Pedro said the bill, if not reviewed, could lead to an increase in the incidence of sexual abuses in Nigeria.
He said, “We find it compelling to bring to the fore certain provisions in the bill which are considered offensive, obnoxious and inconsistent. These provisions are likely to increase the incidence of sexual abuses in the country.
“Section 7(5) of the proposed bill says, ‘It is a defence to a charge of defilement of children if it is proved that such child deceived the accused person into believing he or she was over the age of 18 at the time of alleged commission of offence’.
“This provision is inconsistent with the interest and welfare of children and is contrary to the Child’s Right Act 2003 and Child’s Rights Law of Lagos, 2007.”
Pedro added that the bill, which said in Section 9 that any person who committed the offence of rape or defilement in association with others was guilty of gang rape, and was liable to imprisonment for life, would be problematic during prosecution.
He said, “The offence of rape, like murder, cannot be charged jointly because of the difficulty in proving that each individual committed the act. It must be charged separately in different counts. It is therefore suggested that this section be expunged from the bill.
“The team also notes that the bill trivialises sexual offences in Nigeria by imposing smaller fines on offenders. Section 10(5) for instance provides the sum of N20,000 for the offence of indecent assault. The purpose of the punishment section is to serve as deterrent to others, so the fines should not be easily afforded by offenders.”
The Permanent Secretary noted that the DSVRT team would submit its memorandum to the presidency to consider the amendments.
Punch reportage
It's true. They should put a higher bill on such offenders. Such that they cannot meet. It's getting crazy. It should also be un bailable
ReplyDeleteIs it just me or does d pix above look like dt of BRF and his alleged baby mama.
DeleteOk! I just derailed.
Yes please.
DeleteOk.
ReplyDelete*Adjusts eyeglasses and flips newspaper pages*
Nice one! Lagos leads, other state follows, Errr sha sadly including armed robbery, na dem they lead. Stella Good morning, coffee?
ReplyDeleteOlodo, armed robbery already carries a maximum sentence of life imprisonment
DeleteLool sorry I didn't read your comment well, I get what you mean now.
DeleteAnon 8.50, see yourself? Now who sounds more like an olodo?
DeleteI will b happy if he can sign it into bill
ReplyDeleteI might also add that cases of rape involving minors shouldn't take as much time to investigate and conclude... as opposed to an adult who was raped.
ReplyDeleteThe burden of proof is always on the lady, hence it prolongs the case and most times they become inconclusive because of intangible evidence. I rarely see a rapist go to jail in Nigeria.
A child cannot lie that she was raped, unlike some adults who lie that they were raped, because they want to use it as leverage against the guy.
The courts operates lesser activities when it involves rape cases and it shouldn't be so. One thing is to make amendments and it's another to execute according to the law
So true. But I also think there should be a timeline for the determination of rape cases. I really do not know whether to blame the police who also contributes in the elongation of trial by first charging a rape case to the magistrate court to hold charge or blame the defence attorneys who resort to humiliation rather than defence to get the victim to back off. I also believe that until the introduction of a timeline as we have with election tribunals we will continue to witness instances where a rape case could gonon for years.
DeleteI think the issue is that when people get raped they hardly report to the appropriate authorities on time cos of the stigma or fear. Rape victims should try go to the hospital so a doctor can ascertain that there is an evidence of rape and to the police for formal report. Most people do not talk about it till time has passed and no proper evidence collected. It makes the work of a lawyer difficult cos how do you try a case with the evidence to backup.
DeleteIs true@SisiEko. Dey don't go to jail
DeleteLike d one Dat happened
In my area, till tomoro
D guy still dey waka free cos of evidence
**Adaorah**
I pray the president reviews it. But I believe that section 7 (5) was deliberately put there to provide by the review/draft committee.
ReplyDeleteIf only rape would attract a death penalty someday *thinking out loud*
All In support say I!
ReplyDeleteSay aye
DeleteAye
DeleteAye
DeleteChemical castration @atleast for multiple cases or repeat offenders (rape)
Ok.
ReplyDeleteCan ladies start paying guys for xes instead of the other way round.
Ok,I misyarned.
Get on your knees and ask God for forgiveness.
DeleteIndecent assault, fine N20k:There should be no option of fine. 12 years imprisonment is more appropriate.
ReplyDeleteOther stories by the Lagos of justice is totally unnecessary. They have a lot of time on their hand.
Good morning dearest stelz!
ReplyDeleteLet's see if dey'll do anytin about it.
ReplyDeleteI love ds post.... But wast bout som Portiphar's wives??? wat wil b dia punishment?
ReplyDelete* Julibel Emerald Oliodu * *
Exactly these people are not to be given excuses. They should be prosecuted immediately they are found guilty.
ReplyDeleteThat's a good development, if care is not taken we would dwindle Indians and be tagged as a country riddled with rapist. I don't know what's wrong with our youths, I don't know why they rape unwilling girls when you can have loads of sex by just saying "I love you" na wa o
ReplyDeleteReally?? I love you is the password? *buries head in shame on your behalf *
DeleteRapists are sick people who derive pleasure from forcing people into the act of sexual intercourse.
DeleteTheir sickness ( in the case of male rapists anyway) should be cured by castration or life imprisonment in a prison full of gay offenders...
Or something like that.
I'm yet to wrap my head around the concept of a female rapist, though I've heard about infrequent cases.
In any case, the punishment ought to fit the crime and I think it doesn't. Not yet anyway.
noted
ReplyDelete#GODWIN™
Yes I support this
ReplyDeleteIssokay
ReplyDeleteAs much as I may sound insensitive, but I have always believed that they should be a defence for sexual intercourse with a minor. I didn't say rape but 'seemingly consensual' intercourse. Though the defence must be water tight.
ReplyDeleteWhy I say this is, as much as men must be responsible in sexual attitude and culture. However, they are girls like Kylie Jenner. They haven't reached the consensual age but dress like they are 25. Hang out with adults. Even drink(in Nigeria), many university girls in Nigeria act slutty, go for clubs, parties, offer men sex and some are just 16 or 17. The question is, when you have sex with them, do you suddenly feel their age when you're within them? Do they carry their birth certificates to the club? Aren't some even known to lie and prey on men, married and single?
The laws mostly, cos they have descent from canon laws mostly just choose 1 side to protect and forsake the other in one particular thing. The unknowing men should be protected too when it's reasonably possible for the man to have believed otherwise. You can't have put yourself out and acted like you're above 18(dressing, drinking, smoking) and turn around and accuse a man of defiling you as a minor because you two had a 'seemingly' consensual relationship. So, I don't agree with Mr Pedro that that defence is obnoxious. It should be controlled(so it won't be misused by predator uncles and aunty's husbands) but it should be valid still.
As for rape. In Nigeria, rape is too difficult to prove.
-societal shame won't let people come forward
-inadequate use of forensic science in proof in courts. Most things are circumstantial.
-Ignorance of the victim. Many stay more than the required time before reporting or by the time all evidence would have washed away.
-Societal bias against rape victims(during that Obesere's case, blog commentors were slating the woman)
And many more issues. It's sadnening.
Yet I don't advocate for the burden of proving rape to be totally removed from the woman even in minors(maybe it can be reduced on them depending on age by age. E.g infants should be totally protected up to the age of 12, 13 to 17 should have some of the burden shifted). Not because I don't want minors protected but before sentencing a man to spend rest of his life in jail, the evidence must be very high, so that wicked women/family who put words into their children's mouths won't misuse it. This is what I feel. I'm not an expert or drafts man.
In a bid to sound intelligent
DeleteU talk rubbish mostimes
Ur first n second paragraph is senseless
**Adaorah**
Supported. Enough of the abuse
ReplyDeleteOver to d lawyers, bc d section n sub sections is getting me confused. Capital punishment should be giving to rapist asap.
ReplyDeleteIt will be nice if they sign it
ReplyDeleteThis abuse is getin out of hand
They should give them capital punishment
stella my director showed me a disturbing video that's been going viral
ReplyDeletehousegirl of about 13516yrs sexually molesting a boy of about 5-7yrs
you need to see the moves this demonic girl was making. the innocent boy was just standing confused, dint know what to do, what broke me was when this evil girl asked him to lick her vjayjay *crying* after which she poured water into his mouth to swallow
This gal needs maximum execution
*13-15yrs*
Delete