4. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: Whether partial or
incomplete penetration is sufficient proof of the offence of rape
"In proof of penetration, the law is trite as submitted by respondent's counsel
that partial or incomplete penetration is sufficient proof of the offence of rape
and authorities both at Common Law and also under our statutes are in unison on
this point. The authorities cited by the learned counsel for the appellant
therefore, all, support the case of the Respondent on the foregoing principle as
enunciated. A prominent authority in support is the case of Ogunbayo V. State
(supra) where this Court said thus at pages 182 182:- "The important and
essential ingredient of the offence of rape is penetration. Sexual intercourse is
deemed complete upon proof of penetration of the penis into the vagina.
Emission is not a necessary requirement. Any or even the slightest penetration
will be sufficient to constitute the act of intercourse. Thus, where penetration is
proved but not of such a depth as to injure the hymen, it will be sufficient to
constitute the crime of rape. Therefore, proof of the rupture of hymen is
unnecessary to establish the offence of rape." " Per OGUNBIYI, J.S.C. (Pp. 13-14,
Paras. F-E) (...read in context)
5. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: What amounts to
sufficient penetration in proof of rape
"It is settled that sexual interference is deemed complete, upon proof of
penetration of the penis into the vagina.It was held in the English case of R. U.
Marsden (1891) 2 QB 149 at 150, per Lord Coleridge, C.J. that emission is not a