Reps seek to extend prosecution time for sexual offences against girls under 13

The House of Representatives is considering a bill to extend the time limit for prosecuting sexual offences against girls below 13 years of age.

The proposed amendment, sponsored by Bitrus Laori, a Peoples Democratic Party (PDP) lawmaker representing Demsa/Numan/Lamurde federal constituency of Adamawa State, has passed its first reading. The bill seeks to amend sections 218 and 221 of the Criminal Code Act to address the current limitations in prosecuting offenders.

Under Section 218 of the existing law:

“Any person who has unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony and is liable to imprisonment for life, with or without caning.

“Any person who attempts to have unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony and is liable to imprisonment for fourteen years, with or without caning.

“A prosecution for either of the offences defined in this section of this Code shall be begun within two months after the offence is committed.

“A person cannot be convicted of either of the offences defined in this section of this Code upon the uncorroborated testimony of one witness.”

The bill proposes replacing the existing two-month prosecution limit with a more flexible two-year period.

Laori described the current two-month limitation as inadequate for gathering the evidence required to prosecute offenders. “The two-month period of limitation within which an offender of these offences has to be prosecuted provides a window of escape from prosecution and punishment of such offenders after two months,” he explained.

He added that cases of sexual offences often face delays due to factors like threats, stigma, lack of willing witnesses, and the time needed for thorough investigations.

“Many times where these offences are committed, reporting of the cases, arrest of the offender, investigation, collection and processing of evidence, as well as commencement of trial, take longer time than two months,” he said.

Justice for Victims

Laori emphasized that the two-month limit deprives victims of justice while allowing perpetrators to evade accountability. “The implication is that where the two-month period elapses, the offender is in law free of all criminal responsibility in that regard, while the victim is denied justice and the effect of the offence on the victim remains,” he said.

He argued that removing the time limit would act as a deterrent. “The removal of this time limit would put perpetrators in the know that there is no window of escape for them once they commit this offence and would operate to a great extent in deterring them and others from further committing the offences.”

If passed, the bill is expected to strengthen the fight against sexual offences and provide justice for victims.