Wole Mosadomi Suleja
13 January 2008
RAPE had been in existence for many years in the world. It is as old, if not even older than most crimes reported in the world today. Infact, the law is very clear on the crime. For example, in Nigeria , section 283 of the Penal Code provides for life imprisonment or fine for a convict. The same section of the law also stipulates seven years imprisonment for indecent assault and that is to say that if the case of rape cannot be established, the accused can still be charged.
The question now is, why are people still involved in this dastardly act? Why are the culprits difficult to be arrested? What is the role of police and government to stem this crime especially in Niger State where there is an upsurge? Our correspondent, who has been following the trend, especially in Suleja town, reports.
THE World Book 2001 (16) defines rape as the crime of forcing sexual intercourse upon a person against the person's will of which women or men may be the victims. The victim, according to the definition, can be forced by beating or threatened verbally or with a weapon. Statutory rape refers to sexual intercourse with a female who is under the legal age of consent. Some experts believe that rape is one of the most under reported crimes in the world. Many reasons can be attributed to this and they include the fact that many rape victims do not report the crime to the police because of shame or fear. They dread the possible humiliation of media publicity or being asked embarrassing questions by the police or later in courtroom. Also, many rapists threaten to kill their victims if the case is officially reported to the police.
Investigation carried out also shows that the low conviction rate results from the difficulty of proving rape under most state laws. This is because most states require evidence from witnesses or evidence of bodily injury to the women concerned and to really proving the case, the victim must provide evidence from a physician proving that a woman has had recent sexual intercourse and for such prove, the woman must be examined within 24 hours after the rape. Still on the investigation, lawyers delve into the sexual life of the victim, asking about her past experiences of sex and along the line, the jury may conclude that the women willingly consented to the sexual intercourse moreso if she had sexual experiences in the past.
These are part of the trauma and agonies that victims, mostly females especially teenagers, have to face in order to get justice which might even elude them eventually. These difficulties in proving the case and search for justice are not only peculiar to Nigeria alone. It is a worldwide phenomenon. Perhaps, this is why some countries have changed their laws on rape which now makes it more difficult for the defendant to argue that the victim consented to have sex and not raped. It has also been discovered during investigation that some of the men (not in Nigeria ) commit rape for sexual pleasure. Infact, in many cases, rape is an antisocial act in which men who fear and hate a particular woman want to prove their power and domination by humiliating and hurting them.
To this end, in the 1970s, because of the alarming increase in the crime, local communities in America created Rape Crisis Centres to offer counseling to rape victims most of whom were depressed after being attacked. These Rape Crisis Centres encouraged victims to report the crime to the police. Besides the emergency created centres, various groups, including universities, came out with their own emergency and temporary assistance by offering instructions on rape prevention.
In Niger State, particularly in Suleja town, many rape cases have been recorded in the past few months. Worried by the upsurge, wife of the governor of the state, Hajiya Jummai Babangida Aliyu, took the case to the National Assembly where she conferred with former speaker, House of Representatives, Mrs. Patricia Olubunmi Etteh, on how to find immediate and lasting solution to the menace. The former speaker looked into the matter with dispatch. It is not however known how far the case has been handled now at the lower chambre after the exit of Etteh.
On the part of Niger State government, however, many steps have been taken to stem the crime in the state, especially in Suleja which is the flash point. The state attorney general and commissioner for justice, Mr Adamu Usman, said government had intervened by setting up a committee to look into the reasons for the upsurge of the crime in the state particularly in Suleja. The committee, which comprises the chief judge, the commissioner for justice, the state commissioner of police, a magistrate and a DPO, discussed the matter extensively and discovered that the root cause of the matter can be traced to street hawking especially by the teenagers which is attributed to poverty and that most of those behind the crime are criminally minded. The committee found that most men involved are old enough to even be grand fathers of their victims.
Such old men, especially those infected with HIV virus, believe that if they have sex with a teenager, they will be cured automatically. The attorney general said because of the difficulties in dispensing justice against culprits and the slow pace of getting redress in the court, the state ministry of justice is revisiting the Criminal Procedure Code (CPC) aimed at conferring powers on the magistrate courts to try rape cases instead of in the past where only High Courts are empowered. This is in a way to get speedy trial.
He said in Suleja town alone, about 14 rape related cases had been taken over by the director public prosecution (DPP) for immediate investigation and prosecution. Usman also revealed that a stakeholders meeting involving Nigeria Magistrates Association, the Nigeria Bar Association (NBA) Niger State chapter, the chief judge and himself (attorney general) had met and resolved that all cases involving rape should be given accelerated hearing for quick dispensation of such cases. Similarly, the state government has directed that the Suleja General Hospital should be strengthened so that victims of rape are given free medication especially those who cannot afford the payment. Usman pointed out that, within three months (August-October 2007), not less than fifteen cases of rape have been reported in Suleja alone.
In a situation like this, the attorney general said, all steps will be taken to strengthen the existing laws to make them more effective. He said, for example, the street trading law cap 128 Laws of Niger State enacted during the military regime under Governor David Mark which prohibits hawking in Minna, Suleja, Bida and Kontagora which section 4 provides that anyone caught should be sentenced to three months imprisonment or N100 fine will be revisited.
He, however, said that, because of the sensitivity of the
present administration to the plight of common people who are mostly involved in hawking to make ends meet, government has decided to wage war against poverty among its people in the first instance before enforcing the law. This, he said, gave room to the establishment of community banks where none was in existence and this led to government assisting four of such banks in the state to recapitalize so as to upgrade the poverty level of the people especially those living in villages, saying, "This is one of government initiatives in trying to create wealth through public private partnership (PPP) aimed at giving room for gainful employment. This is our holistic approach in strengthening the legal capacity to curb the menace not only in Suleja but in other cities and villages in the state".
The Head of Hospital Services, General Hospital Suleja, Dr. Ibrahim Umar Tiffin, painted a gory rape situation in Suleja. He said that despite the campaign against the menace, the crime seemed to be on the increase. According to him, "we record between three to five cases every week and, so far, cases of rape recorded in this hospital (Suleja General Hospital) have gone up to almost hundred and that is only for cases officially reported and recorded". Concerned about this development, especially with the age disparity between the victim and the criminal, the hospital management, according to the Head of Hospital Services, carried out an independent investigation on the root cause of rape cases in the town and discovered that most of those involved in the crime believe that if they are HIV/AIDS positive, they are automatically cured after having sex with an under aged girl. This belief, according to the doctor, is medically baseless as it is impossible to be cured.
Based on this astonishing revelation, the hospital management now focuses its attention on conducting a post exposure prophylaxis (PEP) on the victim to ascertain whether she has not contracted HIV or other sexually transmitted infections in the process. Such tests are carried out on the victims every six months in order to be very sure of their status.. Unfortunately, three of the victims have already been confirmed to be HIV positive and those affected are between the ages of six and twelve while those committing this rape are between the ages of 40-70. Tiffin attributed the alarming rate of the crime in Suleja to the town being a satellite town of the federal capital. He noted that the population of Suleja is becoming over-bloated, saying, "I can tell you that Suleja is now becoming a mini-Nigeria successfully playing host to all Nigerians with different cultural, social and religious backgrounds".
The Head of Hospital Services said the management of Suleja General Hospital had taken it as a challenge to give the victims of rape prompt and adequate attention, explaining: "We have categorized rape as emergency, waived medical charges for victims, created separate record cases for them and we have also appointed a Desk Officer in charge of rape to accelerate their treatment." He, however, said that the hospital management had refused to create an emergency ward for them to avoid being stigmatized. "We take their cases as emergency and treated thus but we have refused to create a separate ward for them in order not to be exposed and stigmatized.
They are treated along with other regular patients in the hospital". Tiffin, however, advised that though the hospital was doing its best to tackle the menace, government should, in its wisdom and as a matter of urgency, take immediate and adequate measures to sensitize parents and victims on the need to seek immediate medical solution to avoid any complications, assuring that such victims will be treated with absolute confidentiality to avoid stigmatization.
The chairman Suleja Local Government Area, Malam Tahir S. Gani, said the council was worried about the development. He said the council had set up a committee of eighteen women headed by wife, Hajiya Fatimah Tahiru, to wage war against the menace by way of house to house sensitization of the people especially women on the need to guard against using their female children for hawking especially at odd hours. The committee, according to him, had swung into action and assured that the findings and suggestions of members of the committee would be given adequate attention to stem the menace.
Wife of the state governor identified this problem of rape in Suleja town few months after her husband, Dr. Muazu Babangida Aliyu, was sworn, in.
She took the war to the National Assembly and she has not relented on the war against these criminals in the society. Speaking with our correspondent in an interview, Hajiya Jummai Babangida Aliyu said she had been discussing the issue with her husband and assured that she will not relent in her effort to stem the crime in the state generally and in Suleja in particular. As a concrete step, she said her pet project, still in the offing, will take cognizance of the menace, saying, "most importantly is the setting up of an organization mainly to protect the girl-child and under this body, the campaign and war against rape will be strengthened and given adequate priority".
This menace has now become a major concern not only to the state government but to the people of Niger State. For example, some non-governmental organisations (NGO) have risen to the challenge and are now involved in enlightening, sensitization and mobilization of the people of the area to rise against the menace and the perpetrators of the crime.
The NGOs include the Women's Right Advancement Protection Agency (WRAPA), founded by former first lady, Justice Fati Abubakar, and Association of Female Lawyers (FIDA). Similarly, the proprietress of Inspired International School , Kutunku, Gwagwalada in Abuja , Mrs. Grace Ima Ante, has personally embarked on enlightenment and sensitization of the public especially parents not to allow their children especially the females to be exploited by men but instead live a promising life.
School campaign
Ima, who is embarking on house to house and school to school campaign, is preaching the gospel of total abstinence from sex for youths in order not to fall victim to rapists, sensitize parents on the need to discuss issues of sex, HIV/AIDs, rape and other relevant issues with their children. The issue of rape is better imagined than experienced. For those who have daughters or close relations as victims, it is described as the worst experiences of their lives. No wonder the mother of a victim simply called Amina described the "psychology and mental torture being experienced by her and her child as "worse than mourning or losing a dearest one".
Another victim (13-yr old girl), while narrating her ordeal in the hands of her rapists, described how a gang of five had their turns on her until she fainted and her virgina also mutilated. "I prefered to die than to live after regaining my consciousness," the victim sobbed as she covered her face with a scarf. Tiffin also told a story of how a nine-year old girl was raped by a 45-year old Okada rider. The victim had to be rushed to the theatre for surgery because of the severity of her virgina mutilation. A more traumatic experience is of a three-year old child who was said to have been raped by a 65-year old man in October last year.
Another pathetic experience is that of a mother, simply called Hadiza, whose daughter was raped but who is now experiencing a twist in the case by the police who she said are not co-operating in prosecuting the rapists having fulfilled all "righteousness". There are more of these pathetic cases of rape already established in the state but allegedly without proper handling by the appropriate quarters for investigation and prosecution. Niger State Police Command has however promised to join hands with the state government and all other relevant bodies in fighting the menace by arresting culprits and charging them to court immediately. Rape is now becoming a national calamity. It is not only restricted to Niger State .
For example, a four-year old girl was reportedly raped by a
middle aged man simply called Taiwo in an uncompleted building in Kubuwa town. He was said to have used a sharp stick to allow him easy penetration into the virgina of the innocent child. The girl's situation is said to be worsening as she has been referred to the Ahmadu Bello Teaching Hospital, Zaria but the parents said they cannot afford the medical bill.
Parents of the suspect who are said to be wealthy are said to have taken steps to subvert justice.
In Gombe reports said there are no less than three cases of rape recorded by the police within a week involving very young females and old men. One Hauwa Ma'arufi, 9, was said to have been lured by one Mohammed Kabir, 40, of the same address into his sitting room and raped her.
A security man with a primary school in the town, Usman Maishanu, 60, also raped one Maryam Lawal, 10, in one of the classrooms. Also, one 55-yr old Abba Mohammed confessed to raping two under aged - Khadija Abdullahi, 12, and Maryam Alhassan, 11, each on three occasions. With the menace spreading across the country, the question now is, who is going to be the next victim? Certainly, it could be anybody and this is why all concerned citizens of the country should rise against the rapists who are ravaging the country and bringing sadness to different homes.
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