Offence Of Defilement

Sexual intercourse with under aged girls and people with unsound mind is the offence of defilement. Child sexual defilement was defined by the African Network for the prevention and protection against child abuse and neglect (ANPPCAN) as a behavior that exposes a child below 18 years of age to sexual content or which the child is used to obtain sexual stimulation and gratification. For the World Health Organization (WHO), sexual child defilement is the involvement of a child in sexual activity that he or she does not fully comprehend.
Defilement can cause physical injuries inside and outside the body, including cuts, tears, severe bleeding and damage to internal reproductive organs which sometimes require surgery. It also causes psychological damage to victims, including depression, fear, anxiety distrust etc. Note that it could also bring about unwanted pregnancy. According to the Nigerian laws, the crime of defilement is punishable under section 218 of the criminal code which; states that; “any person who has unlawful carnal knowledge of a girl under the age of 13 years is guilty of a felony and liable to imprisonment for life. Also section 218 states that any person who attempts to have carnal knowledge of a girl under the age of 13 years is guilty of a felony and is liable to 14 years imprisonment.
Though criminal law matter can neither be statute barred, the law considers defilement as an exception because section 218 of the criminal code provides among other things that cases of defilement of a child must commence within two months from the time it was committed, contrary to this provision, the action will be barred in court. Under the Childs Right Act the defence of ignorance of the age of the child or that the child gave consent for sexual intercourse is not allowed. Because the Child Right Act states that no person is permitted to have sexual intercourse with a child. Also it is a well laid down position of the law, that a girl under the age of 11 years is a child and so, is not capable to consenting to sex. The court would hold that she did not consent even if she did consent, because a child cannot consent to sex. (see the case of Boniface Adonike V. The state (2015) LPELR 2428 (SC).
The cyber crimes (Prohibition, Prevention etc) Act 2015 provides that any person who intentionally uses any computer system or network in or for.
a) Producing child pornography
b) Offering or making available child pornography
c) Distributing or transmitting child pornography
d) Procuring child pornography in a computer system or on a computer data storage medium.
Commits an offence inter the Act (see section 23 cyber crime Act 2015).
Under section 23(3) the Act further provides that person who intentionally proposes, grooms or solicits, through any computer system or network to meet a child for the purpose of :
a) Engaging in sexual activities with the child;
b) Engaging in sexual activities with the child where
i) Use is made of coercion, inducing, force or threats,
ii) Abuse is made of recognized position of trust authority or influence over the child including within the family or
iii) Abuse is made of a particularly vulnerable situation of the child, mental or physical disability or a situation of dependence. Commits an offence under the Act.
Every child is entitled to respect for dignity of his person, and accordingly, no child shall be subjected to physical, mental, or emotional injury, abuse, neglect or maltreatment, including sexual abuse. Parents and guardians, please protect your children and secure their future.

Nkechi Bright Ewere