Increasing Sharks of Rape and Paedophiles in a Sea of Incest: A Nation's Institutions Idlying around the harbour

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.