JUDICIAL INTERPRETATION OF CONSENT IN RAPE CASES IN NIGERIA: SOCIO-CULTURAL DYNAMICS AND LEGAL IMPACTS
1 Public Law Department, Faculty of Law, Delta State University
2 High Court of Justice, Warri, Delta State;
* Corresponding author: peteritsueli@gmail.com
2 High Court of Justice, Warri, Delta State;
* Corresponding author: peteritsueli@gmail.com
Abstract
The concept of consent lies at the heart of rape jurisprudence, yet its interpretation remains a contentious issue in Nigeria, where cultural, religious, and societal norms heavily influence the judicial process. This article critically examines how Nigerian courts interpret consent in rape cases, considering the statutory framework, judicial reasoning, and socio-cultural factors that shape these interpretations. It analyzed key provisions in the Criminal Code, Penal Code, and Violence Against Persons (Prohibition) Act 2015, highlighting gaps and ambiguities in the legal definitions of Rape and consent in rape cases. The article evaluates the broader impact of judicial interpretations on public perceptions, victim protection, and access to justice, while proposing reforms to align legal standards with societal realities. The non-doctrinal and comparative methodology for research were adopted. By interrogating these issues, the article aims to provide a comprehensive understanding of how law, culture, and society intersect in shaping the discourse on consent in rape cases, ultimately advocating for a more equitable and effective legal system. It was recommended that rape needs to be given a broader definition to cater for more sexually abusive situations, the violence against persons Act need to be compulsorily domiciled in every state of the federation public awareness campaigns so that everyone understands the offence of rape and improved victim support and protection.
Keywords
Rape
Interpretation
Criminal Code
Socio-Cultural Dynamics
Legal Impacts
How to Cite
Itsueli, P., & Okuba, O. (2025). JUDICIAL INTERPRETATION OF CONSENT IN RAPE CASES IN NIGERIA: SOCIO-CULTURAL DYNAMICS AND LEGAL IMPACTS. ABU Law Journal, 43(1), 250-277.
P. Itsueli, and O. Okuba, "JUDICIAL INTERPRETATION OF CONSENT IN RAPE CASES IN NIGERIA: SOCIO-CULTURAL DYNAMICS AND LEGAL IMPACTS," ABU Law Journal, vol. 43, no. 1, pp. 250-277, March 2025.