Know Your Law: The Violence Against Persons (Prohibition) Act, 2015 (VAPP) - RAPE

I created a new segment where we will share some of our laws as they are enacted or expanded. This is to enable us have knowlede of them at our finger tips  and to help end abuses of all forms.

I am starting with the VAPP Act as popularly known. VAPP is the Violence against persons ( prohibition) act 2015 which has been expanded to include areas that were not covered initially. This act is targeted to eliminate or manage violence among people.

BRIEF INTRODUCTION

The Violence Against persons (prohibition) Act (VAPP) was passed into law in May, 2015. The Act was a result of agitations for protection of persons against the different forms of violence. Violence, both at the home front and the larger society, is fast becoming a trend in the recent day Nigeria. Daily, we hear of someone killing or maiming their spouse; or a scorned lover pouring acid on an ex lover; or someone being forcefully taken away from their family and loved ones. It was the need to protect citizens from violence such as these that led to the enactment of the VAPP Act, 2015. The Violence Against persons (Prohibition) Act is an improvement on the penal and criminal code in relation to violence; it also makes provision for compensation to victims as well as the protection of their rights.

SYNOPSIS OF THE ACT

The Act was passed into law in a bid to eliminate violence in private and public life; prohibit all forms of violence, including physical, sexual, psychological, domestic, harmful traditional practices; discrimination against persons and to provide maximum protection and effective remedies for victims and punishment of offenders[1].

The content of the Act is rich in its provisions as it covers most of the prevalent forms of violence in Nigeria today ranging from physical violence; psychological violence; sexual violence; harmful traditional practices; and socio-economic violence. The National Agency for the Prohibition of Trafficking in Persons (NAPTIP) is named as the service provider[2].

Under the VAPP Act, rape[3], spousal battery[4], forceful ejection from home[5], forced financial dependence or economic abuse[6], harmful widowhood practices[7], female circumcision or genital mutilation[8], abandonment of children[9], harmful traditional practices[10], harmful substance attacks[11] such as acid baths, political violence[12], forced isolation and separation from family and friends[13], depriving persons of their liberty[14], incest[15], indecent exposure[16] and violence by state actors[17] (especially government security forces) among others are punishable offences.

Some of these will be discussed shortly.

Lets start with Rape.

Rape

One of the very notable and commendable provisions of the Act is its expansion of the meaning of rape and its prohibition thereof. While other existing laws limited their scope of rape to protect only females in relation to vaginal penetration without consent[18], the VAPP Act has taken a giant stride to expand the meaning and scope of rape. By virtue of the Act, rape is when a person intentionally penetrates the vagina, anus or mouth of another person  with any other part of his or her  body or anything  else without consent, or where such consent is obtained by force  or means  of threat  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 the use of any substance  or additive  capable  of taking  away the  will  of such person  or in  the case of a married  person  by impersonating his or her spouse[19]. By this definition, both males and females are protected against rape. The issue of rape being gender biased has been a jurisprudence issue in Nigeria for a while because our law, as it then was, does not recognize situations wherein a man would or could be raped. Thus, instances such as the one reported in Daily Post on the 17th of July, 2012 where a man was allegedly “raped” to death by his wives, was not classified as rape but manslaughter.

The Act also, in its progressive nature, took cognizance of the fact that sex now goes beyond the primary sex organs and thus, extended the scope of rape to include anus and mouth. This is because it was difficult in times past, to bring an issue of forceful anal or oral sex under the umbrella of rape simply because such occasion was not envisaged or accommodated by our laws.

Note:  Interestingly, VAAP act on rape covers both  he man and woman. The culprit is  not only punished but also the victim is compensated. Although, it is a little difficult to prove men rape cases but where it is proved, the  culprit will be punished appropriately.

Rape victim are also advise to report first to police station and must not wash off no matter how tempting and suggesting . They are also advice to take pictures as additional  prove. then proceed to the hospital for proper treatment and medical report.

Code of Silence.
The code of silence is one area we must overcome in pursuing justice. Parents must bring their wards forth to expose rape cases. We must grow over this stigmatization and give voice to rape victim.

Spousal rape is also prohibited under the law

Rape is a thing of the mind and people are encourage to exercise self control.

Next week, we will continue on other area of the VAPP act.

Thank you.

Material sourced from Lawpavilion