RAPE: ADDRESSING THE LATENT FACTORS IN NIGERIA

The rape and subsequent death of Miss Vera Uwavera Omozuwa, a Micro Biology Student of the University of Benin, has once again highlighted the need for a national conversation on the dreaded scourge. Although the death has sparked a national outrage, our reactions are however becoming something like a déjà vu, doing same thing with same results, without addressing the latent factors responsible for the scourge.

This is not to berate the efforts of credible right groups and other well meaning individuals that have added their voices to the call for justice for Uwa, the point is that without looking at the inherent factors, though we may get the justice we seek, we will however end up as other times, not addressing the latent factors. The implication of this is that there may still be many Uwa's waiting to be raped and killed.

THE FACTORS

1. The Legal Frameworks

There are three main legal instruments that can be used to prosecute rape in Nigeria. The frameworks are:

a. Criminal code (applicable to southern states)

b. Penal code (applicable to northern states)

c. Child Rights Act (applicable to states that have domesticated it)

All the three legal frameworks agree on the fact that rape is the absence of consent, they however states that a man cannot rape his wife; in order words even if there's no consent, a man can have forceful penetration with his wife. This is a serious gap that needs to be addressed. Again, of all the three legal instruments, only the Child rights act, seems to have addressed the latent factors of rape which is also inclusive of child marriage. But despite the noble provisions of the CRA, it's application is limited as it can only apply in states that have domesticated it. Currently, 11 states out of the 19 states in the north, are yet to domesticate the act, citing religious reasons.

2. Religious Creed

The Sharia Islamic Law which mostly apply in the northern states, encourages child bride. It stipulates that as long as the girl child has started menstruating, she is due for marriage. This is irrespective of her age. A good example of this was the marriage of a 13 year Egyptian bride by the former governor of Zamfara State, Senator Ahmed Sani Yerima and the subsequent defense of his actions by prominent Muslim groups. The challenge with this law is that, a Muslim faithful can perpetuate in endless rape of minors under the guise of marriage. The Sharia law also violates the provisions of both the criminal and penal codes which stipulates that any sex with a girl under the age of 14, is rape irrespective of consent or not. This explains the reluctance of some northern states in domesticating the child rights act.

3. Corporate Creed

Many Banks, Insurance Companies, Marketing agencies, and other production companies, set up their staff for consensual rape. Consensual rape occurs when a staff submits to a client's demand for sex in exchange for patronage of their products, to enable them meet the targets given to them by their organizations. Staff working in such organizations (especially the banking sector), are most times given difficult targets to meet by their management. The failure of meeting such targets often leads to loss of their jobs. The targets compromise the moral defenses of staff before randy potential clients who may demand for a sexual gratification in exchange for opening an account with their banks.

4. Society's perception of 'Women' as Objects instead of Subjects

Our society is largely patriarchal. The patriarchal nature came with perceptions that views the woman as a sex object. This also explains why the framers of the legal instruments left a terrible lacuna in the laws which allows the girl child to be raped repeatedly by her 'legal husband,' under the guise of marriage. Another lacuna in the legal instruments, leaves the burden of proof of rape or sexual abuse on the victim; this is in addition to the vilification of the victims of sexual abuse who are bold to speak out, by the  same society that couldn't protect them. An object does not have dignity, only subjects are accorded dignity and empathy. The patriarchal nature of our society is also largely responsible for the apathy being witnessed whenever the discussion has to do with rape.

WHAT SHOULD WE DO?

1. Institutional Reforms: There's an urgent need to commence targeted advocacy for legal reforms to deal with current realities on the subject matter. First there is need for the age of consent to increase from 14, to 18. If our constitutional definition of an adult is 18, which is also the legal voting age, why should other legal instruments lower the bar when it comes to consent to sex.

Another area the legal reforms should target, is addressing the issue of 'no consent' with wives. Same way consent is required for sex outside marriage, consent should also be required in marriage. This is in recognition of the fact that though some marriages are still legally recognized, but in practice, are technically dead. For instance; what if a man whose marriage is technically dead and still wants to have sex with the estranged wife against her will?

2. Address the latent factors that makes the woman an object: Our patriarchal nature is largely driven by our cultural and religious belief systems. The belief systems present the woman as an object created to please and satisfy the rabid ego of the man(which also includes sex). This explains why when we talk about women, we start the conversation from the family front instead of beginning with her achievements.

To address this challenge, parents should begin to take the responsibility of validating their girl child by creating in her the deliberate consciousness that she's not an inferior entity as society would make her believe. It should also begin with teaching the boy child that his sister is not inferior to him, neither is she an extra in the home that is waiting to be dished out of the family through marriage.

Pastors and Imams, irrespective of their doctrinal attachments, also have a responsibility to use their pulpits to advance the cause of women by clearing the erroneous belief that the female gender is a creation of an afterthought.

3. Enforce the provisions of the Child Rights Act, irrespective of Religion and State: Our protests should deliberately target states that have refused to domesticate the child rights act. Civil Society Organizations, Professional Associations, Media, etc, should put spotlight on these states because their refusal to domesticate the act, is giving rise to consexual rape under the guise of marriage.

4. Naming and Shaming: The focus of our protests should further compel governors to open an official 'Rape Register.' This should also include openly calling out corporate organizations with labour laws that set up their staff for rape.

This piece is dedicated to Miss Uwavera Omozuwa, who was raped and killed by her rapists.