Dynamism is one of the certain features of law, and all around the world laws are being repealed, amended, re-enacted and reviewed regularly or on a ‘need’ to basis to meet the challenges or practical realities of the modern world. The provisions of the Nigerian Violence Against Persons (Prohibition) Act 2015 on the offence of rape has also toiled this path, by seeking to de-genderise the existing gender-specific nature of rape law in Nigeria. In achieving this objective through redefinition of what constitutes rape, the new definition comes with a lot of slippery-slope instances that may make enforcement of the provisions on rape in the VAPP Act practically challenging. The article highlights and analyses the practical challenges emanating from the redefinition of the offence of rape and advocates for a further redefinition that will do away with possible instances that may come under the present definition which the lawmakers may not have intended.
African Journal of International and Comparative Law – Edinburgh University Press
Published: Aug 1, 2020