Definition of Rape and Overview of Surgical Castration as a Punitive Measure for Reducing the Menace in Nigeria
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Date
2021
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Nnamdi Azikwe University, Awka Journal of Commercial and Property Law
Abstract
The rate at which rape is increasing in Nigeria is alarming. The Nigerian Penal and Criminal Codes define rape as penetration of virginal by the penis. This implies that only men are capable of committing rape. The punishment for rape varies from one jurisdiction to the other ranging from life imprisonment to death penalty. In Nigeria, the punishment for rape offence is life imprisonment. However, despite the punishment for rape, it has not deterred the perpetrators to decline from the heinous act, rather it keeps increasing. There is a need to introduce a stiffer punishment to curb the incessant menace of rape in our society. This paper examines the definition of rape, the Nigerian legal frame work on rape, surgical castration as an option to curb rape menace and related issues associated with surgical castration on rape. This article adopts doctrinal method of research with the use ofprimary and secondary materials such as the Statutes, decided cases, online journals, textbooks, conference papers, published articles and newspaper. This paper concludes that surgical operation should be adopted as the punishment for rape offence especially for serial rapists but at the same time, adequate measures should be put in place to protect innocent persons who were wrongly alleged. This paper recommends that, the definition and punishment of rape under the Nigerian laws be reviewed to introduce surgical castration as a punishment for rapist and also broadens the definition of rape.