Introduction
Rape is a crime under Nigerian law. For many years, the offence of rape in Nigeria was defined in the context of women only. Section 357 of the Criminal Code defines rape as having unlawful carnal knowledge of a woman without lawful consent. Thus, the slightest penetration of a woman’s vagina without her express consent lawfully obtained amounts to rape. Also, the law does not require evidence of hymen rupture, or ejaculation for the offence to be complete.
Undoubtedly, many women have been victims and continue to be victims of ferocious and indiscriminate attack by callous men. The courts in myriads of cases have observed that rape is by every standard, a grave offence. It often leaves the victims traumatised and dehumanised. Oftentimes, women who are victims of rape find it difficult to speak out. This is due to the shock, trauma and stigma associated with the crime. The negative effects could be quite long-lasting and devastating.
Notably, the Violence Against Persons (Prohibition) Act 2015 (VAPP Act) now recognizes that men too can be raped. The Act provides a more extensive definition. Section 1 states that a person commits the offence of rape if, without lawful consent, “he or she intentionally penetrates the vagina, anus or mouth of another person with any other part of his or her body or anything else.” Rape under the VAPP Act attracts a maximum sentence of life imprisonment. 14 years is the maximum term for offenders below 14 years of age. Minimum sentence is 12 years imprisonment (without option of fine). In the case of gang rape, all offenders are liable to 20 years minimum term without an option of fine. The VAPP Act applies only in the Federal Capital Territory, Abuja. However, almost all the federating states have adopted the statute.
Every right-thinking person in the society agrees that any act of forceful sexual intercourse with another must be strictly condemned. Real pleasure from sexual affairs is derived from consensual and mutual exchange of romantic strings by consenting adults. Once force, intimidation, threats, or fraudulent means are introduced into the equation, the law frowns against such conduct and moves against the perpetrator.
False Accusations and Reasons Women Falsely Accuse Men of Rape
As the offence of rape is committed under the cloak of mischief and wickedness, so too the act of falsely accusing an innocent person of rape.
Most women who have wrongly accused men of rape probably do this in view of their understanding that any allegation of rape by a woman attracts immediate attention and there’s almost an automatic belief that the allegation is true.
It is important to understand some of the underlying reasons some women level false accusation of rape against men. Generally, aside from cases of false memories, women do so out of self-serving motives to punish and possibly put the men away.
On a deeper inquiry, there are more specific reasons. When a woman feels seriously offended by a man (following a breakup or other personal dispute), the burning desire for a revenge can lead to a resort to false rape accusation. Another reason may be related to an attempt to divert attention in order to create a cover-up for other vices she might be involved in, such as infidelity. Some other times, the woman raising false rape alarm might be driven by the craving for sympathy or attention. This might even be a signal to possible mental health issues which also accounts for the false allegations. Here, the recent story of Mirabel comes to mind. More so, when a woman is laden with guilt or regret over a consensual sexual activity, she may decide to turn it around by claiming she was raped instead.
Any Criminal Consequence for False Rape Accusations?
It is sometimes baffling that some of those who vigorously campaign against rape do not want to hear of, or participate in any conversation relating to false rape accusations. One of such top voices is the talented female singer, Simi, but nemesis timely caught up with her in a dramatic fashion.
This clear bias seems like an intentional move to downplay the gravity of such conduct of making false rape accusation. But without sentiments, the law is there for all—both victims of rape and victims of false accusations of rape.
False rape accusation is capable of inflicting serious pain on the accused, and turn his life inside-out. Before his innocence is established, he may face stigma, loss of job/business, and friends, and he might serve jail term. Also, he may likely suffer intense psychological trauma, and other symptoms of post traumatic stress disorder. This might include physical health challenges such as high blood pressure even after exoneration. If the agitation for death sentence or castration as a punishment for rape succeeds, it means that an innocent man may lose his life or permanently lose his organ of procreation under false circumstances. The damage may never be quantified.
Both civil and criminal law provides a remedy for false accusation of rape. A person falsely accused of rape can sue on grounds of defamation and claim damages in a civil suit. Similarly, where the accused person is made to face criminal prosecution for rape but was found innocent, the person may institute a civil action for malicious prosecution claiming compensation.
Under Section 8 of the VAPP Act, making false rape accusation under oath during a judicial proceeding is a crime. Also, making false rape accusation with the aim of initiating investigation or criminal proceedings is a crime. In both instances, the punishment is a fine of N200,000 or imprisonment not exceeding 12 months.
A person who makes a false rape accusation under oath may also be charged for perjury under Section 118 of the Criminal Code. The Section provides 14 years sentence as punishment. Interestingly, if the perjury is committed in circumstances which expose the falsely accused person to a death sentence or life imprisonment as a criminal consequence, the penalty for perjury here may just be as high as life imprisonment.
To me, N200,000 fine or imprisonment not exceeding 12 months for false rape accusation under Section 8 of the VAPP Act is inadequate. It does not appear to factor in the gravity of such false allegation and its negative effects on the victim.
Conclusion
In sum, it’s clear that the legal consequence of false rape accusation includes criminal punishment and not merely civil liability.
Stop raping women; stop raping men. Stop falsely accusing any person of rape.
