Statutory Prohibitions Against All Manners of Sexual Offences In Nigeria

Sexual offenses are crimes that involve any form of sexual misconduct or violation of an individual's sexual autonomy.

Sexual Offences In Nigeria

Sexual offenses are crimes that involve any form of sexual misconduct or violation of an individual's sexual autonomy. In other words, sexual offenses are crimes that involve unwanted or non-consensual sexual acts or behavior. These offences include a wide range of behaviours such as sexual assault, rape, sexual exploitation, homosexuality among many others. These offenses are often considered particularly heinous because they involve a violation of an individual's physical and psychological well-being.

        In Nigeria, several laws have been enacted to regulate these forms of sexual offences, with the statutory provisions specifically defining the offences and providing protection and effective remedies for the victims. In the same vein, perpetrators of these offences are punished accordingly in the manners as provided by these laws.

Manners of Sexual Offences Prohibited By Nigerian Laws

        In such respect, the following are the forms or manners of sexual offences and the statutory laws prohibiting and regulating the offences.

1. SEXUAL HARASSMENT

         Sexual harassment can be defined as unwelcome and unwanted or inappropriate sexual advances, requests for sexual favours, and other verbal or physical contact of a sexual nature that creates a hostile or offensive environment. It can also be seen as a form of violence against persons and as discriminatory treatment. Such acts includes repeated sexual “jokes”, unwelcome flirting of a sexual nature, touching or fondling somebody inappropriately and direct or indirect threats or bribes for unwanted sexual activity.

        The Violence Against Persons Prohibition Act, 2015 (VAPP Act) pursuant to Section 46 defines the offence as unwanted conduct of a sexual nature or other conduct based on sex or gender which is persistent, serious and demeans, humiliates or creates a hostile or intimidating environment and this may include physical, verbal or non-verbal conduct. 

      Although the Criminal Code and the Penal Code did not specifically define the offence of sexual harassment, Section 352 of the Criminal Code however provides that:

 “Any person who assaults another with intent to have carnal knowledge of him or her against the order of nature is guilty of a felony and is liable to imprisonment for fourteen years."

The same act goes further to provide for punishment for indecent assaults on males and females under section 353 and 360 respectively. Similarly, Section 285 of the Penal Code states that:

 “Whoever commits an act of gross indecency upon the person of another without his consent or by the use of force or threats compels a person to join with him in the commission of that act, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine. 

Provided that a consent given by a person below the age of sixteen years to such an act when done by his teacher, guardian or a person entrusted with his care or education shall not be deemed to be a consent within the meaning of this section.”

       The Anti-Sexual Harassment Act 2020 went further to expressly provide for the offence of sexual harassment between students and educators in tertiary educational institutions under section 4. It equally prescribes the maximum punishments of imprisonment of 14 years and 5 years under section 11 and 12 respectively depending on the manner of the sexual harassment.

      In the light of the aforementioned statutory laws, sexual harassment is regarded as a heinous crime against persons and as such, punishable in Nigeria with 14 years of imprisonment as the maximum punishment.

2. CHILD SEXUAL ABUSE

        Child sexual abuse is any form of sexual exploitation or abuse of a child, including sexual assault, or exposure to pornography, encouraging a child to perform sexual acts, exposing a person's genitals to a child, performing sexual acts in a child's presence and photographing a child in sexual poses.  

       The Child Rights Act of 2003 by virtue of Section 277 defines a child as anyone under the age of 18 and prohibits all forms of sexual abuse, exploitation, and trafficking of children. The act also establishes the rights of children to protection from all forms of abuse, including sexual abuse, and sets out the responsibilities of government and other organizations to safeguard the welfare of children.

Section 31 of the Act provides for the offence of child sexual abuse that:

 1. No person shall have sexual intercourse with a child.

2. A person who contravenes the provision of subsection (1) of this section commits an offence of rape and is liable on conviction to imprisonment for life.

3. Where a person is charged with an offence under this section, it is immaterial that-

a. the offender believed the person to be of or above the age of eighteen years or

b. the sexual intercourse was with the consent of the child.

Section 32 also provides that:

A person who sexually abuses or sexually exploits a child in any manner not already mentioned under this Part of this Act commits an offence.

2. A person who commits an offence under subsection (1) of this section is liable on conviction to imprisonment for a term of fourteen years.

3. DOMESTIC VIOLENCE

       Domestic Violence refers to any form of abuse, including psychological, physical, emotional and sexual abuse or violence that occurs within the home or domestic setting. This includes other forms of non-consensual sexual contact. 

      The Violence Against Person's Prohibition Act, 2015 provides by virtue of Section 19 (1) that:

“aperson who batters his or her spouse commits offence and is liable on conviction to a term of imprisonment not exceeding 3 years or to a fine not exceeding #200,000.00 or both”

 Also, subsection 2 provides that

“a person who attempts to commit the act of violence provided for in subsection(1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding #100,000.00 or both”

Although the act is only applicable in the Federal Capital Territory, several similar provisions have been enacted by states. Some of which are Protection against Domestic Violence Law of Lagos State (PADVL) and Ekiti State Gender-Based Violence (Prohibition) Law.

4. HOMOSEXUALITY

Homosexuality is the term used to describe sexual attraction or romantic relationships between people of the same gender. This can include relationships between men (gay men) or between women (lesbians). Both the Criminal and Penal Codes punish indecent practices between males and carnal knowledge against the law of nature whether with a man, woman or animal. 

Section 214 (1) (3) of the Criminal Code states that:

Any person who‐

(1) has carnal knowledge of any person against the order of nature; or

(3) permits a male person to have carnal knowledge of him or her against the order of nature,

is guilty of a felony and is liable to imprisonment for fourteen years.

        Section 215 of the same Act criminalises the attempt to commit any of the aforementioned offences with liability to imprisonment for seven years. 

        Section 217 also provides that any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for three years. The offender cannot be arrested without warrant.

       Similarly, Section 284 of Penal Code makes it an offence for any person to have a sexual intercourse that is against the order of nature with any man or woman, and anybody found guilty shall be liable to imprisonment of 14 years and fine. Section 407 also provides that anyone who practices sodomy is liable to a maximum punishment of one year's imprisonment or a fine, or both.

        Same Sex Marriage (Prohibition) Act, 2014 also forbids homosexuality and same sex marriage in Nigeria. Section 5 of the Act provides that:

"A person who enters into a same sex marriage contract or civil union commits an offence and is liable on conviction to a term of 14 years imprisonment."

        Homosexuality is an illegal union or relationship under the Nigeria laws either for the benefit of cohabitation or mere sexual gratification or affairs.

5. ADULTERY

Adultery is the voluntary sexual intercourse between a married person and a person who is not their spouse. It is considered to be a serious breach of the trust and commitment that is at the heart of a marriage, and can have far-reaching consequences in both personal and legal terms. While in the Southern part of Nigeria where the Criminal Code Act applies, adultery is not a criminal offense, the law however considers adultery a criminal offense in Northern Nigeria where the Penal Code and sharia law applies.

Section 387 and 388 of The Penal Code stipulate the punishment of imprisonment for two years, and/or with a fine for the crime of adultery committed in that region

6. PROCURATION

 Procuration or procurement is the offence of obtaining a young girl below the age of 18 years with the intent that she be forced or seduced into sexual intercourse with a third part. The Criminal Code and Penal Code contains several variation of this offence.

 Thus, Section 223 of the Criminal Code provides that:

Any person who

(1) procures a girl or woman who is under the age of eighteen years to have unlawful carnal

connection with any other person or persons either in Nigeria or elsewhere; or

(2) procures a woman or girl to become a common prostitute either in Nigeria or elsewhere; or

(3) procures a woman or girl to leave Nigeria with intent that she may become an inmate of a

brothel elsewhere; or

(4) procures a woman or girl to leave her usual place of abode in Nigeria, with intent that she

may, for the purposes of prostitution, become an inmate of a brothel either in Nigeria or elsewhere,

is guilty of a misdemeanour and is liable to imprisonment for two years.

   Section 224 of the same act provides for procuring defilement of woman by threats or fraud, or administering drugs and states thus:

Any person who‐

(1) by threats or intimidation of any kind procures a woman or girl, to have unlawful carnal

connection with a man either in Nigeria or elsewhere; or

(2) by any false pretence procures a woman or girl to have unlawful carnal connection with a

man either in Nigeria or elsewhere; or

(3) administers to a woman or girl, or causes a woman or girl, to take, any drug or other thing

with intent to stupefy or overpower her in order to enable any man, whether a particular man or not, to

have unlawful carnal knowledge of her,

is guilty of a misdemeanour and is liable to imprisonment for two years.

         However, a person cannot be convicted of any of the offences defined in both sections of this Code upon the uncorroborated testimony of one witness.

          Section 275 of the Penal Code on the other hand, makes it an offence punishable with 10 years imprisonment to procure a young girl below the age of 18 years with the intention that she be forced or seduced into illicit intercourse with another person.

          Thus, the offence of procuration may however serve a useful purpose in protecting young persons below the age of 18 years from being led into a life of prostitution.

7. BESTIALITY

        Bestiality is the act of engaging in sexual activity with an animal. In other words, it is the sexual intercourse between a person and an animal. It is considered to be a form of sexual perversion and is often associated with the exploitation and abuse of animals, and is also considered to be morally wrong and harmful to both the human and animal involved.

     Section 214(2) of the criminal code provides that:

“Any person who has carnal knowledge of an animal is guilty of a felony and is liable to imprisonment for fourteen years.”

   On the other hand, Section 284 of the penal code also provides:

“Whoever has carnal intercourse against the order of nature with a man, woman, or any animal, shall be punished with imprisonment for a term of which may extend to fourteen years and shall also be liable to fine.”

      This section seeks to punish all forms of penetrative sex generally between a man and a woman between human and animal. Therefore, while people enjoy different sexual fetishes and like to explore different sexual fantasies, bestiality is forbidden and regarded as a criminal offence under the Nigeria laws both in the southern and northern part of Nigeria.

8. INCEST

       Incest is sexual activity between people who are closely related, such as siblings, cousins, or parent and child. It is considered to be taboo in most societies and is illegal in many countries. Incest is often considered to be a form of abuse, as it can exploit and harm the individuals involved, both physically and emotionally.

      The Violence Against Persons (Prohibition) Act, 2015 defines incest as an indecent act or an act which causes penetration with a person who is, to his or her knowledge, his or her daughter or son, granddaughter or son, sister or brother, mother or father, niece or nephew, aunt/uncle, grandmother or granduncle;

       Section 25 of the Violence Against Persons (Prohibition) Act, 2015 prohibiting the offence of incest states that:

A person who knowingly and willfully have carnal knowledge of another within the prohibited degrees of consanguinity and affinity contained in the Schedule to this Act with or without consent, commits incest and is liable on conviction to a minimum term of-

(a) 10 years imprisonment without an option of fine,

(b) where the two parties consent to commit incest, provided that the consent was not obtained by fraud or threat, 5 years imprisonment without an option of fine.

   Also, Section 214 of the Criminal Code which prohibits unnatural offences provides that any person who has carnal knowledge of any person against the order of nature is guilty of a felony and is liable to imprisonment for fourteen years.

The criminalization of Incestual relations has been codified under the statutory laws in order to maintain morality and regulate such unnatural acts in the Nigeria.

9. INDECENT EXPOSURE

          Indecent exposure is the act of exposing one's genitals in public, or in a place where others are likely to be offended or alarmed. It is considered to be a form of public indecency and can be motivated by various factors, including exhibitionism, sexual gratification, or a desire to shock or offend others.

           It is often considered to be a form of sexual harassment or assault, and have serious legal consequences for the person engaging in it under the Nigeria law.

      Section 26 of the Violence Against Persons (Prohibition) Act, 2015 states:

(1) A person who intentionally exposes his or her genital organs, or a substantial part thereof, with the intention of causing distress to the other party, or that another person seeing it may be tempted or induced to commit an offence under this Act, commits an offence termed “indecent exposure”.

(2) A person who intentionally exposes his or her genital organs, or a substantial part thereof, and induce another to either massage, or touch with the intention of deriving sexual pleasure from such acts commits an offence under this section.

(3) A person who commits an offence under this section is liable to upon conviction to a term of imprisonment of not less than 1 year or to a fine not exceeding NS00,000 or both.

10. DEFILEMENT

         Defilement can be referred to as sexual misconduct, such as the act of engaging in sexual activity with a minor or a person who is unable to give consent. 

Section 218 of the Criminal Code provides that:

"Any person who has unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a

felony and is liable to imprisonment for life, with or without caning.

Any person who attempts to have unlawful carnal knowledge of a girl under the age of thirteen years is

guilty of a felony and is liable to imprisonment for fourteen years, with or without caning."

. Also, Section 221 of the same act makes it a criminal offence for any person to or attempt to defile or have unlawful carnal knowledge of girls under 16 and above 13 years of age or of a woman or girl who is an idiot or imbecile. Any person found guilty of such act is guilty of a misdemeanour and is liable to imprisonment for two years, with or without caning.

       Section 219 also provides for the instance of a householder permitting defilement of young girls on his premises.

      Defilement is a very serious offence with a series of negative effects on the victims, including physical harm, emotional distress, and psychological trauma. 

11. SEXUAL ASSAULT

       Sexual assault is any unwanted sexual contact or activity that is forced upon a person without their consent. It can include a wide range of behaviors. Sexual assault is a serious crime that can have serious physical, emotional, and psychological consequences for the victim. It is often motivated by a desire to control, dominate, or harm the victim, and can have far-reaching effects on the victim's well-being and sense of safety.

       Section 352 of the Criminal Code provides that:

"Any person who assaults another with intent to have carnal knowledge of him or her against the order of nature is guilty of a felony and is liable to imprisonment for fourteen years."

Conclusion 

In conclusion, sexual offences are regarded as serious crimes in the society, hence, the need to curb these acts with necessary implementation and enforcement of applicable laws. In addition, it may be necessary to organise awareness and educational programmes for the entire populace on the impropriety of all forms of sexual offences.