| dc.description.abstract | This Bill seeks to alter the provisions of the Nigeria Criminal Code Act, to
provide for the extension of the limitation period in the Prosecution of rape and
other sexual offences in Nigeria.
The prosecution for any of the offences must be commenced within two
months after the offence is committed. This also operates as a defence to free
the offender of criminal responsibility even if it were true that the accused
actually committed the offence. The only cause of rape is the rapist; however
there are other factors that catalyze or contribute to the increasing number of
rape cases in Nigeria. The state of Nigeria's poorly defmed criminal laws and
weak law enforcement creates an environment where rape is committed with
freedom.
The two months period of limitation within which an offender of these offences
has to be prosecuted provides a window of escape from prosecution and
punishment of such offender after two months. Many times where these
offences are committed, reporting of the cases, arrest of the offender,
investigation, collection and processing of evidence as well as commencement
of trial take longer time than two months. This is usually influenced by many
factors including threats, stigmatization and absence of willing witnesses to
testify for the prosecution. The two months period provided by the law is,
without doubt, too short to achieve this. The implication is that where the two
months period elapses, the offender is in law free of all criminal responsibility
in that regard while the victim is denied justice and the effect of the offence on
the victim remains.
The removal of this time limit would put perpetrators on the know that there is
no window of escape for them once they commit this offence and would
operate to a great extent in deterring them and others from further committing
the offences. | en_US |
