Nigerian Criminal Code: Consent and Rape Explained

Legal Insights: Rape and Consent in Nigeria

​Stanley Alieke, a legal expert, has emphasized that under the Nigerian Criminal Code, engaging in sexual intercourse with a partner without her consent constitutes rape. Section 357 of the Criminal Code Act defines rape as any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force, threats, or intimidation, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act.

This legal framework underscores that consent is a fundamental element in sexual relations, and any sexual act performed without it, or obtained through coercion or deceit, is legally recognized as rape in Nigeria.​

It’s important to note that while the Criminal Code applies in Southern Nigeria, the Penal Code governs the Northern regions. The Penal Code defines rape similarly but includes exceptions regarding marital relations. Specifically, Section 282(2) of the Penal Code excludes marital rape from its definition, provided the wife has reached puberty.

Nigerian Criminal Code: Consent and Rape Explained

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