circumstance. Further reference in support is, again the case of Posu V. State
(2011) 2 NWLR (Pt.11234) 393; that the Lower Court was right when it held that
there was penetration going by the evidence of PW1 and PW5. On proof of
corroboration counsel cites with great reliance on the case of Dagayya V. State
(2006) 7 NWLR (Pt 980) 367 SC; that there were concurrent findings in respect of
both penetration and corroboration and that the appellant has failed to show that
the concurrent findings of facts are either unsupported by evidence or are
perverse so as to make it necessary for the Court to set aside same, Counsel cites
again the case of Egwumi V. The State (2013) 2 SCNJ 875; that the said issue
should in the circumstance be resolved against the appellant.
The act of rape is by nature unlawful because the concept involves an aggressive
carnal knowledge of a female without her consent. Consent in this context must
be devoid of any form of external influence. A child who is under age is not
however capable of giving consent. Rape is by nature grave, devastating,
traumatic; it also reduces the totality of the victim's personality. Several
definitions given to rape are all characterized by an absence of consent as a
common feature. A number of such definitions include those arrived at by this
Court in the case of Posu V. State (supra) at page 414 where Fabiyi (JSC) held
same as:-''An unlawful sexual intercourse with a female without her consent. It is
an unlawful carnal knowledge of a woman by a man forcibly and against her will.
It is the act of sexual intercourse committed by a man with a woman who is not
his wife without her consent."
Adekeye (JSC) also at page 416 sees rape in legal parlance as: "an unlawful carnal
knowledge of a woman or girl without her consent or with her consent if the
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات