Wednesday, January 15, 2014

CRIMINAL CODE OF NIGERIA - Assaults on Females


357.         Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by impersonating her husband, is guilty of an offence which is called rape.

358.         Any person who commits the offence of rape is liable to imprisonment for life, with or without caning.

359.         Any person who attempts to commit the offence of  rape is guilty of a felony, and is liable to imprisonment for fourteen years, with or without caning.

360.         Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanour, and is liable to imprisonment for two years.

361.         Any person who, with intent to marry or carnally know a female of any age, or to cause her to be married, or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.

362.         Any person who unlawfully takes an unmarried girl under the age of sixteen years out of the custody or protection of her father or mother or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour, and is liable to imprisonment for two years.

363.         In the case of proceedings in respect of an offence under the preceding section-

(a)            it is immaterial that the offender believed the girl to be of or above the age of sixteen years;

(b)            it is immaterial that the girl was taken with her own consent or at her own suggestion.

Other Relevant Sections of the Criminal Code relating to Sexual offences.

218.         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.

                A prosecution for either of the offences defined in this section shall be begun within two months after the offence is committed.

                A person cannot he convicted of either of the offences defined in this section upon the uncorroborated testimony of one witness.

 221.         Any person who-

(1)            has or attempts to have unlawful carnal knowledge of a girl being of or above thirteen years and under sixteen years of age; or

(2)             knowing a woman or girl to be an idiot or imbecile, has or attempts to have unlawful carnal knowledge of her;

                  is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without caning.

                *It is a defence to a charge of either of the offences firstly defined in this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.

                 A prosecution for any of the offences defined in this section shall be begun within two months after the offence is committed.

                 A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness.


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