LEGAL AND INSTITUTIONAL FRAMEWORKS FOR PROVING THE OFFENCE OF RAPE IN NIGERIA

Abstract

Rape, poses a serious challenge on both national and international scale. It is a grave violation of human rights.1 The aim of this paper is to examine legal and institutional frameworks for proving the offense of rape in Nigeria. This research adopted doctrinal research methodology which includes primary and secondary sources of information. Primary sources include laws such as Constitution of Federal Republic of Nigeria, 1999 (as amended) the Criminal Code, the Penal Code, and the Violence against Persons (Prohibitions) Act, 2015. Secondary sources include law textbooks, law journals and internet materials. The research work found that the Nigerian legal system has made some progress in the development of rape law, particularly with the introduction of VAPP Act and ACJA. However, continued existence of out-dated provisions in the Criminal and Penal Codes has created a dual system of justice that hinders uniform application and weakens legal protection for victims. The inconsistency in definitions, evidentiary standards, and gender coverage undermines the objective of justice and leaves gaps in protection of vulnerable individuals. This paper recommended that legal frameworks for proving the offence of rape should be harmonized across Nigeria by revising the Criminal and Penal Codes to reflect the expanded and gender-neutral definitions found in the VAPP Act, ensuring consistency and inclusivity in legal interpretation and enforcement nationwide