International Journal of Research in Social Sciences
  • Year: 2016
  • Volume: 6
  • Issue: 4

The Legal Implication of Child Rape in Nigeria: Are Sentencing Limits Adequate

  • Author:
  • Michael Akpa Ajanwachuku
  • Total Page Count: 11
  • Page Number: 429 to 439

* Dean, Faculty of Law, Ebonyi State University, Abakaliki, Nigeria

Online published on 28 July, 2016.

Abstract

In Nigeria, it is an offence for a person of the opposite sex to have carnal knowledge of a female child even with her consent. A female child is incapable of granting consent to sexual intercourse. Nigerian laws provide for life imprisonment on conviction for the offence child rape. However, the courts in Nigeria award far less than the maximum term of imprisonment. This paper examines the rationale for this sentencing pattern in Nigeria. It concludes that judges in Nigeria need to adopt a more purposeful approach to sentencing of person accused of child rape. The paper also suggests the need for prosecutors to request the maximum sentence even for first offenders and appeal or cross-appeal against inadequate sentences.

Keywords

Sentencing, unlawful carnal knowledge, corroboration, conviction