Other Citations RATIO DECIDENDI 1. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: Nature of the offence of rape "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 consent is obtained by force or by means of threat or intimidation of any kind or by fear or harm, or by means of false and Fraudulent representation as to the nature of the act or in the case of a married woman by personating her husband." In summary therefore, rape can be interpreted as an unlawful carnal knowledge or non-consensual sex; that is, penetration without consent." Per OGUNBIYI, J.S.C. (Pp. 10-11, Paras. D-D) (...read in context)

اختر الفقرة المستهدفة3