Drama of IMMORALITY
(Barr. Ojulari and his friend, Mr. Mellow are inside the airplane that is airlifting them back to Nigeria from Makkah, they sit beside each other as usual.)
BARR OJULARI: When we were about to board this airplane some minutes ago at the airport, I read the news that one popular Nollywood actor that was accused and charged to court for an immoral offence has been found guilty and sentenced to 16 years imprisonment.
MR. MELLOW: Are you talking about the one that was alleged to have RAPED a young girl?
BARR OJULARI: Huh! You are too sharp, no wonder why you earned your professor title at a very young age, but the matter before the court i9s the case of DEFILEMENT not rape.
MR. MELLOW: Ah! You have come again with this your legal jargon.
BARR OJULARI: RAPE and DEFILEMENT has the same elements, but there is one difference between the two.
MR. MELLOW: What is the difference, and what are the elements of both RAPE and DEFILEMENT? You should have known that I will ask questions.
BARR OJULARI: A person commits RAPE whenever he/she have unlawful carnal knowledge of an adult man/woman without his/her consent [1], but in the case of DEFILEMENT even if the young boy/girl gives his/her consent, it is immaterial, the accused will still be liable to punishment [2].
MR. MELLOW: What do you mean by young person and old person, does it have anything to do with age?
BARR OJULARI: Yes, exactly. The offence of RAPE is done against an adult man/woman while the offence of DEFILEMENT is done against young boy/girl. Because the law presumes that only 18 years old adult can give consent to have sex [3], it does not matter if the young girl/boy gives consent before the sexual intercourse, the adult man or woman involved will be prosecuted.
MR. MELLOW: Even if an adult has sex with a young girl or boy below 18 years of age without forcing him or her, such an adult will be prosecuted and be liable to DEFILEMENT?
BARR OJULARI: Yes, my prof. in this instant matter, the person that can not be prosecuted in Nigeria for the offence of rape or defilement or any offence whatsoever is a child of under seven years old, the law presumes that he/she is not yet capable of having carnal knowledge [4].
MR. MELLOW: Huh, now I understand.
BARR OJULARI: Not only that, if a person obtained consent from the victim falsefully and forcefully, the offence of rape has occurred [5]
MR. MELLOW: Okay, what many people know about RAPE is when a person forcefully has sex with another person that is not his/her spouse with threat to kill or harm such person, but I don’t know about the false obtain of consent that you are talking about.
BARR OJULARI: False consent can be obtained in the case of impersonation, like impersonating a husband to have sex with the wife and vice versa and other thing of such nature [6]
MR. MELLOW: OKAY!
BARR OJULARI: But upon all, the most important element to prove in the case of DEFILEMENT and RAPE is penetration, if penetration is not proved, the prosecution must fail [7].
MR. MELLOW: Really!
BARR OJULARI: Even in Abuja, the federal capital territory of Nigeria, penetration in given an extension from vagina and anus to mouth, so if anyone penetrates the mouth of another person with any part of his body or anything, he/she would be liable to rape punishment [8].
MR. MELLOW: Ah! So if someone inserts a sick or something else in someone’s mouth now in Abuja, the person will be charged for RAPE?
BARR OJULARI: Yes, though I have never seen anyone charged with this kind of fact, but because a law has not been put to use does not mean it does not exist or enforceable.
MR. MELLOW: What about the punishment for RAPE and DEFILEMENT?
BARR OJULARI: The punishment of rape is live imprisonment; the convicted person may even be canned [8]
MR. MELLOW: That is good, what about the punishment of DEFILEMENT?
BARR OJULARI: Punishment of DEFILEMENT is according to age of the victim, if the accused defiled a young boy/girl under eleven years, it is life imprisonment [9], it is the same as that of RAPE, the accused can also be canned.
MR. MELLOW: So, because the case of that Nollywood actor deals with a circumstance between an adult and a young girl there is no doubt that it is DEFILEMENT, right?
BARR OJULARI: Yes, the case of DEFILEMENT is between an adult and a young person, while the case of RAPE is between two adults.
MR. MELLOW: Ok, indeed I have leant another new thing. Meanwhile, you will still explain more to me about the matrimonial matter that we were discussing before, you gorrit?
BARR OJULARI: if no gerrit, forget abourrit!
(Both of them burst in to a heavy laughter)
To be continued, if God wishes.
REFERENCES
1). Section 357 of the criminal code Act
2). Section 218 of the criminal code Act
3). Section 31 (3) (a) of the violence against person prohibition act, 2015
4). Section 30 of of the criminal code act
5). Section 357 of the criminal code act
6). Section 1 (c) of the VIOLENCE AGAINST PERSON PROHIBITION ACT, 2015
7). Adeoti V Sate (2009) All FWLR (PT.454) 1450 CA
8). Section 1 (b) of the Violence Against Person Prohibition Act, (VAPPA), 2015
9). Section 358 of the Criminal Code
In case you missed the previous episodes, you can access it through this link 👉https://www.facebook.com/164898870886587/posts/985207718855694/
ABDULRAUF Abdullahi Adebayo, is a Law student, a Certified Teacher , a Content Creator , a Dynamic Writer and a Ghost Writer. He can be reached via +2349034904883 and [email protected]
