What the law says on Baba Ijesha saga
What is the position of the law?
Section 260 of the Criminal Law of Lagos state talks about rape as a sexual offence. Section 260(1) defines rape as “any man who has unlawful sexual intercourse with a woman or girl without her consent, commits the offence of rape and is liable on conviction to imprisonment for life.”
Section 260(2) of the law explains that “a woman or girl does not consent to sexual intercourse if she submits to the act by reason of force, impersonation, threat or intimidation of any kind, fear of harm or false or fraudulent representation as to the nature of the act.”
What is the position of the law?
Section 260 of the Criminal Law of Lagos state talks about rape as a sexual offence. Section 260(1) defines rape as “any man who has unlawful sexual intercourse with a woman or girl without her consent, commits the offence of rape and is liable on conviction to imprisonment for life.”
Section 260(2) of the law explains that “a woman or girl does not consent to sexual intercourse if she submits to the act by reason of force, impersonation, threat or intimidation of any kind, fear of harm or false or fraudulent representation as to the nature of the act.”
In 260(3), the law states that “sexual intercourse is complete on the slightest penetration of the vagina.”
In the same vein, section 261 of the law, which talks about sexual assault by penetration, states that “any person who penetrates sexually, the anus, vagina, mouth or any other opening in the body of another person with a part of his body or anything else, without the consent of the person commits a felony and is liable on conviction to imprisonment for life.”
Section 262 of the law defines what constitutes an attempt to commit rape and sexual assault by penetration as “any person who attempts to commit the offence of rape or sexual assault by penetration commits a felony and is liable on conviction to imprisonment for fourteen (14) years.”
Section 263 examines sexual assault. According to section 263 (1), “any person who sexually touches another person without his consent commits a felony and is liable on conviction to imprisonment for three (3) years.”
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Section 263(2) explains that “touching may be done with any part of the body or with anything else.”
Section 264 of the law addresses sexual harassment. According to section 264(1), “any person who sexually harasses another commits a felony and is liable on conviction to imprisonment for three (3) years.”
Section 264(2) provides that “sexual harassment is unwelcome sexual advances, request for sexual favours, and other visual, verbal or physical conduct of a sexual nature which when submitted to or rejected—
“(a) implicitly or explicitly affects a person’s employment or educational opportunity or unreasonably interferes with the person’s work or educational performance;
“(b) implicitly or explicitly suggests that submission to or rejection of the conduct will be a factor in academic or employment decisions; or
“(c) creates an intimidating, hostile or offensive learning or working environment.”
Section 265 of the law examines punishment for causing a person to engage in sexual activity without consent.
According to 265(1), “any person who causes another to engage in a sexual activity without that other person’s consent commits a felony and is liable on conviction to imprisonment for five (5) years.”
Section 265(2) also states that “where the sexual activity caused involved sexual penetration, the offender commits a felony and is liable on conviction to imprisonment for life.”
Section 266 of the law explains the meaning of consent. According to section 266(1) “… a person consents if he agrees by choice and has the freedom and capacity to make and communicate that choice.”
Section 266(2), however, states that “in determining whether a person charged had reasonable grounds for believing that another person consented, the court shall have regard to all the circumstances, including any steps taken by the defendant to ascertain whether the woman or girl consented.”
Section 31 of the Lagos state Child Rights Act also puts the age of consent at 18 and stipulates punishment for unlawful sexual intercourse with a child.
“(1) No person shall have sexual intercourse with a child.
(2) A person who contravenes the provision of subsection (1) of this section commits an offence of rape and is liable on conviction to imprisonment for life,” it reads.
“(3) Where a person is charged with an offence under this section, it is immaterial that‐
(a) the offender believed the person to be of or above the age of eighteen years; or
(b) the sexual intercourse was with the consent of the child.”
