• Sunday, April 28, 2024
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BusinessDay

No means No

Child’s Rights Acts

The age of consent in Nigeria according to Section 31 (3) (a) of the Child’s Rights Act 2003 is 18. It states that, “Where a person is charged with an offence (of unlawful sexual relations with a child) under this section (31 of the same act), it is immaterial that the offender believed the person to be of or above the age of eighteen years.”

However, if you search, “Age of consent in Nigeria” on Google, you will see 11 years. The constitution says 18 but AgeOfConsent.net may not be far from the truth given that some men in different parts of the country still engage in child marriage. So yes, 18 is written in the Child’s Rights Act nevertheless, cases of marriages of girls below 18 occurs in Nigeria because as at May 19, for instance, there were still 11 Northern states that had failed to adopt the act.

Furthermore, Section 7 of the Sexual Offences Bill disallows sexual intercourse with anyone between the ages of 0 to 18. The penalisation is a life imprisonment once they are convicted.

Consent means permission for something to happen or agreement to do something. Sadly, in a series of distasteful happenings in Nigeria recently, the word “consent” wasn’t the case when 22-year-old, Vera Uwaila Omozuwa, a microbiology student who sort for a tranquil environment, but safe, for effective assimilation, chose the church. She was raped and bludgeoned with a fire extinguisher.

Also, Jennifer an underage girl was also raped by 11 men. The culprits, according to reports, have been apprehended but how many more are walking the streets freely? These are just few of several grisly stories of rape perpetuated by paedophiles in suits and exotic traditional wears, in causals and robes, unsuspecting passers-by, uncles, family friends, clerics, small and big business owners etc. who seem to get away with such devilish act in a country like ours.

To their shame, the umbrellas are flying off, the tool called social media is not letting any of these go by, perpetrators are constantly being called out and proof is no more alien, it is showing up to be used against them. In the case of Vera, arrest was made after the fingerprints on the fire extinguisher she was attacked with were examined.

Else, how many cases of rape have been silenced? How many girls have been threatened not to speak and are dying in silence? Have there been investigations examining objects and fingerprints at crime scenes before now? How often do the police examine for fingerprints? How many culprits have been arrested? How many have been allowed to go free?

In Nigeria, where State Houses of Assemblies are allowed to make laws in their states, it therefore means, by law, in certain states, an 11 or 12-year-old could still “legally” get married.  As long as the Child’s Rights Act is only being carried out in 24 states, certainly, a 12-year old will be married off. It however doesn’t change the fact that at that age, any sexual activity with the minor, according to the Child’s right act is rape.

If the sexual offence bill is not enforced beyond being written in the constitution, if the state laws aren’t reviewed and restricted, if there are unresolved collective agreement on marriageable age, people exploit these loopholes in the law to satisfy their barbaric cravings to subdue minors, exposing them to various diseases like Vesicovaginal Fistula among others.

No means No! not just a word but a complete sentence. Underage sex is rape and it is a crime. Likewise, sex with an adult without consent, is also rape and an act of crime. Perpetrators must face the law without bias.