Tackling Rape Cases In Abia Communities

An Abia High Court, sitting in Aba recently handed down long jail terms to two convicts-Kingsley Onuoha and Uchechukwu Obilor found guilty of armed robbery and rape.

The prosecution had alleged that the duo on Feb. 1, 2009 at Amaeke Ibeku, Umuahia the Abia capital conspired to rape and rob two students of Abia State University Uturu.

Justice Theresa Uzokwe in her judgment said that the prosecution provided overwhelming evidence that showed that the accused persons committed the crime.

She sentenced each of the accused persons to 35 years imprisonment for rape, while they were condemned to death by hanging for armed robbery.

The judge explained that maximum punishment for rape as stipulated in the criminal code was life imprisonment and that she gave them the prison terms after reviewing the submissions of the prosecution and defence counsel.

Messrs Uche Okorafor and Ogochukwu Nwachukwu, the Abia State Director of Public Prosecution and prosecuting counsel respectively, in their separate reactions commended the judge for the judgment.

They said that the judge deserved commendation because she demonstrated courage.

According to Okorafor, the“ judgment was based on law and facts. I will like to commend the courage demonstrated by the judge. The judge gave justice to that case as demanded of her. I commend her determination to see that justice was finally done.

“It is difficult to have the witness come to testify in a case like this, but we were able to bring witnesses, that is why we are able to get justice on time.’’

On his part, Mr Macaulay Nduka, the defence counsel said that his clients would appeal against the judgment.

Despite the obvious consequences of committing rape, the crime appeared to be on the increase in both urban and rural communities in Abia.

Observers are of the view that many rape and sexual assault cases that occur in rural and urban communities are not reported because of stigmatisation, victimisation of witnesses, poverty and illiteracy.

They also condemned the stringent requirements for the prosecution of rape cases.

Many perpetrators of the act often walk the streets unpunished and at times turn to serial rapists.

For a 21-year old rape victim, Chinonye, there is no crime worse than rape, as the traumatic experience would stay for life.

“I was raped by armed robbers that attacked my place of work on Oct.17, 2011 at Eze Ugonna Filing Station, Attah Ibeku Umuahia.

“The criminals came at about 12.30 am with dangerous weapons and gained entry through the ceiling.

“They pointed guns at us and ordered four of us, all ladies not to shout but obey their directives if we do not want to die.

“The bandits ordered us to remove our wears before the humiliation.’’

The suspects have been arrested and remanded in prison custody, but the concern of the victims is how to provide witnesses, outside each of them as required by law.

Experts are of the opinion that legal instruments for the prosecution of sexual related offences in Nigeria are stringent and ought to be amended.

Mrs Sarafina Ojimaduka, a lawyer and woman rights activist, noted that for a law to stipulate that victims of sexual assault or rape to provide witnesses to such act was wrong.

“It is true that when caught in the act of rape, the convict goes in for a jail term, but the requirement for corroboration of evidence under Nigerian law is basically too tight for victims to get justice.

“The law expects that a rape victim and her lawyer prove some sort of penetration, and even requires victims to bring witnesses, yet we all know rape happens in the dark and quiet places.’’

To check the prevalence of sexual assaults, Ojimaduka, wants parents, security agencies and the government to close ranks to tackle the crime.

Ojimaduka said that for now the law in Nigeria does not give adequate protection to rape victims and as such preventing the crime is a better option.

She stressed that parents should teach their daughters how to avoid rape and sexual assault.

Mrs Uzoamaka Uche-Ikonne, Abia Chairperson, International Federation of Women Lawyers (FIDA) said rape, defilement and other sexual offences are now rampant in Abia, and urged parents to learn how to protect their children.

“Sexual offences in the state are so high that about 50 per cent of matters reported at FIDA clinics are sexual offences.

“Most of the sexual offences are committed against young girls below the age of 13 years.’’

She regretted that though FIDA offers free legal services to indigent female victims, many of them still do not report cases of violation of their rights for fear of stigmatization and other factors.

“Most rape victims themselves refuse to report when they are raped or sexually assaulted. They fear that they will be ostracised, stigmatised or may not be married by any man.

“The problem is with the victims and their witnesses, because there must be a witness to testify to the occurrence of such offence before the accused will actually be convicted.’’

Uche-Ikonne stressed the need for witnesses to come forward so that accused persons would get maximum jail term as prescribed by law.

“Chapters 30 (358) and 21 (218) of the Criminal Code Act Cap 77 Laws of the Federation 1990, state that any person who commits the offence of rape or defilement is liable to imprisonment for life.’’

She also said that under Chapter 21 Section 218, “any person who attempts to have unlawful carnal knowledge of a girl under the age of 13 years is guilty of felony and is liable to 14 years imprisonment.’’

Uche-Ikonne advises mothers to evolve measures to shield their younger female children against defilement and rape now prevalent in must communities.

“The perpetrators are people you do not anticipate like uncles, cousins, brother in-laws, among others.’’

The FIDA chairperson reminds perpetrators of the act to remember the popular adage that “ when you throw a stone in a market, it might hit somebody close to you,’’ stressing that nemesis will surely catch-up with the perpetrators of rape in our communities.

Onyeukwu writes for the News Agency of Nigeria (NAN)

Francis Onyeukwu