Increasing
Sharks of Rape and Paedophiles in a Sea
of Incest: A Nation's Institutions Idlying around the harbour by Eromose Ileso
Evolution is a gradual process of change that could either
be good or bad. It could be as bad as the effects of climate change that has
brought devastating consequences to some climes. Like in most places, the
Nigerian society is currently experiencing an evolution albeit one that was a
thing of opprobrium in the past, and still is, but has not stopped it from
happening frequently.
Society changes in relation to the unfolding dynamics in
the behavioural pattern of it people. Though, when these changes in behavioural
pattern becomes one that offends the faculties, it becomes imperative that the
society through it institutions should find a way to stem such a tide.
The issue of rape has become like the flowing waters of the
Victoria Falls that never stops when before it was a case of looking for
vegetation in the Sahara desert.
The frequency of rape cases in Nigeria
has assumed a disturbing trend. Bad enough most of these cases go unreported to
the relevant authorities because of the stigma attached to it. And if they do,
it becomes a bad case as all evidence pointing to the rapist would have gone, when
the victim does not follow the proper channels.( Proper channels here means reporting the case to the police, who takes the victim for examination in a government hospital to confirm the sexual assault which is used as evidence against the suspect. But most victims go home take their bath before reporting the incident, at which time, the evidence is gone)
As if that is not bad enough,
joining in the swings are loads of peadophiles who have become like vultures.
Recently a seventy year old man was sent to several years in jail by a
Magistrate court in Benin
for raping a five year old child. And the list is endless, with the alarming
rate of adults defiling defenceless children. There is virtually no week that
goes by that you do not hear or read of such gory stories.
A sad
one in Lagos was
about a man who a child was fond off because of his nefarious actions. Anytime,
the child cries in the absence of his mother, he immediately respond to the cuddle
of the man. Unknown to other inhabitants, when the man is alone with the child
he feeds his sperm to him, just as a mother breast feeds her child. The baby
accepts thinking it breast milk. Upon a doctor's examination when the baby was
sick, it was discovered that his internal organs were filled with sperm. The
man was arrested after he was later caught in the act.
The question remains what has caused such negative evolution
in the behavioural patterns of some Nigerian men?
Why will a full grown man choose to satisfy whatever sex
drive he has with an infant child? It does not take a microscope to see that
there are many sick minds walking the streets, but from the outside they look
very normal.
Another is the case of incest which is a taboo in all
cultures. It has itself become news that moves frequently like the Eurostar
trains that crosses the English Channel to France. Instances abound of this
unpardonable and nonsensical behaviour from fathers, and in some instances,
mothers, brothers and sisters alike.
In a suburb of Benin, a caller called into a radio
programme to report how a man abuses his daughter after inducing her with
drugs, she has had two abortions by her father. This again reveals countless
other scenarios too numerous to mention. It has become so rampant that many
just give it a wave of the hand like it nothing whenever a new case comes to
light. This disturbing trend has continued in spite of the increased awareness
of these things.
Nigeria
has never been a society without laws; rather the institutions saddled with the
responsibility of implementing these laws are as weak as a feeble bird that
just fell into a well.
The Criminal Code
Act and the Penal Code Act
prescribes punishments for crimes for Southern and Northern Nigeria respectively. Section 358 and Section 283 of both Acts provides for life in imprisonment for any
man who rapes a woman.
However, there is an exemption for those capable of
committing rape. Section 30 of the
Criminal Code Act states that a boy under the age of twelve is incapable of
rape. The reason for this provision is based on the assumption that a boy at
that age is incapable of having sexual intercourse. But such an assumption is
based purely on law, and not on medical evidence judging by the current turn of events.
The punishment for rape is clearly spelt out in both laws
above. But the issue of incest is quite worrisome as there is no where in the
Criminal Code Act where punishment is prescribed for incest. But in the former
Eastern States which makes up the current Anambra, Enugu,
Imo, Abia and Ebonyi States, the Punishment
of Incest Law, Cap 110, Laws of Eastern Nigeria
1963 provides for punishment for incest. While Section 390 of the Penal Code Act provides for a punishment of a
term of imprisonment which may extend to seven years and the person shall also
be liable to a fine.
On the issue of defilement of young girls above the age of
thirteen years and under sixteen years, Section
221 of the Criminal Code Act
provides for a punishment of two years. But this particular provision has been
overtaken by time and events, as defilement carried out by criminal minded
elements now affect children who are as low as two years of age.
Although, offenders can be charged for indecent assault under Section 360 of the Criminal Code which is termed a misdemeanour (minor offence) with a punishment of a miserly two years. it has become necessary for punishment accorded to sexual offences to be realigned with present realities.
However,
Section 137 of the Criminal Code Law of
Lagos State 2011 gives a wider scope to defilement by stating that any person who has sexual intercourse with a
child is guilty of a felony and is liable to imprisonment for life.
In spite of this, the laws in our climes have still fallen short of the events
that are happening daily. There are several scenarios that our present criminal
laws did not contemplate. This is why it has become imperative that proactive
steps are taken to align these laws with present realities. Especially as
regard the increasing defilement of under age girls within the ages of two and
above. A measure should be in place that should see such offenders not only
tried, convicted, but also sent for psychiatric evaluation.
Yet as the theme above, the laws and the agencies saddled
with the responsibilities of upholding these laws remain a vessel idlying in
the harbour while, the victims of rape and other sexual crimes wallow in the
sea awaiting a rescue that may never come.