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.
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
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