by: Hassan Opeyemi Faruq
Ever since I gained knowledge of the word ‘RAPE’ and came to know what the word actually denoted, I have held the belief that rape can only be committed by a man and it’s an indisputable fact that a lot of people hold the same belief.
However, recently I was in a discussion with some friends and the word rape hit my mind, the argument which ensued that day is the reason for writing this article.
What is Rape? As a legally minded person, I will define the term rape in a legal manner . According to the CRIMINAL CODE in section 357 rape is defined as “having unlawful carnal knowledge of a woman or a 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 representation.
According to the mobile edition of the Oxford dictionary Rape means ” to force sexual intercourse or other sexual activity upon another person without consent.
The PENAL CODE defines it in section 282 as committed when a MAN has sexual intercourse with a woman against her will or without her consent, with her consent when her consent is obtained by putting her in fear of death or hurt , or with her knowledge when she is under 14 years of age or of unsound mind .
I will therefore try to make an opinion related analysis of the biased nature of this provisions and definitions on my rights as a man and the rights of other men generally. The necessary implication of the aforementioned acts is that the female gender have been overly considered in the aspect of rape at the expense of the male gender.
“Is it not possible for a woman to have unlawful carnal knowledge of a man, without his consent or by force or false representation .
Firstly, the issue of the use of FORCE, it is not a fallacy that a woman can forcefully subdue a man who is weaker than she is that is a man whom she is stronger than. Also in an instance where the woman is in possession of some harmful object which can be used to inflict pain on the man. What if a man is threatened by a woman by use of gun , what man wouldn’t be afraid and at the same time aroused by the presence of a gun and a naked body.
Secondly, the act mentioned FALSE REPRESENTATION on the part of the man. Now is it the intention of the framers of this act that a woman cannot make false representation to induce a man into having unlawful carnal knowledge of her. What if as a man that I am , I am misled into having carnal knowledge of a woman by the same woman can I be said to have raped such a woman?.
Again it has been recorded and reported in the past that men drug and intoxicate women so as to have carnal knowledge of them, is it then right to say that’s woman cannot do same to man this I think is outrageously bias.
There are some factors which I think caused the downward outlook on female-on-male rape.
Firstly, female on male rape is according to the CDC been largely unreported as such causing people to look at it with such level of levity.
Experts have also interestingly reiterated that the male victims also have a difficult time defining what happened to them as assault.
According to the 2010 report by the centers for disease control and prevention, nearly 1 in 5 women and 1 in 71 men in the United States have been raped. The actual number of which is likely to be higher as incidents of rape on the male gender is severally underreported in the United States particularly among male victims and same can be said of Nigeria, in fact have never heard of a case of female on male rape but this doesn’t mean it’s not actually happening.
JENNIFER MARSH, the Vice President for victim services at RAINN, an anti sexual violence organization said ” often ,male survivors may be less likely to identify what happened to them as sexual abuse or assault because of the general notion that men always want sex.
Also, a psychotherapist ELIZABETH DONOVAN says, ” males have the added burden of facing society that doesn’t believe rape can happen to them at all”. She says gender roles further dictate that males are expected to be strong and self reliant are viewed as those who seek sexual conquest instead of fending them off.
It is in my opinion suggested that the position of the law be uprooted and replanted to favor equally the male and female gender. It after all is a popular saying that what a man does a woman does better. Even the FBI UNIFORM CRIME REPORT as in 2012 taken a giant stride by redefining Rape as “the penetration, no matter how slight, of the vagina or anus with anybody parts or object or oral penetration by a sex organ of another person without the consent of the victim. The prior definition was ” the carnal knowledge of a female forcibly and against her will”. Similarly, review should be made in Nigeria so as to alienate the bias view of the law as it it would be a giant stride and a laudable progress in Nigerian legal system and democracy as a whole.
BY: HASAN OPEYEMI FARUQ
No comments:
Post a Comment