AN APPRAISAL FOR THE LEGAL FRAMEWORK FOR GENDER-NEUTRALITY IN RAPE CASES IN NIGERIA

Abstract

This research appraises the Nigerian legal framework concerning rape legislation, with a specific focus on its implications for achieving gender neutrality. The study addresses the historical and ongoing challenges posed by traditional legal definitions of rape, which have historically been gender-specific, primarily defining the crime as the sexual violation of a female by a male. This gendered approach fails to protect male victims of sexual violence, leaving a significant gap in the legal system. The research problem lies in the discriminatory and incomplete nature of existing laws, which do not align with modern human rights principles of equality and non-discrimination. The study aims to provide a comprehensive analysis of the current legal regime, including key statutes like the Criminal Code Act and the Violence Against Persons (Prohibition) Act, and to examine their effectiveness in promoting a gender-neutral approach. It employs a doctrinal research methodology, analyzing primary and secondary legal sources, and a comparative analysis of gender-neutral rape laws in other jurisdictions such as the United Kingdom, Canada, and South Africa. This comparative approach highlights best practices and potential pathways for reform. Key findings will reveal the deficiencies in Nigeria's legal framework and its divergence from international human rights standards, such as those outlined in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Maputo Protocol. The research concludes by offering specific, actionable recommendations for legal reform, policy development, and implementation strategies to create a more inclusive and equitable legal system that protects all individuals from sexual violence, regardless of gender. Ultimately, this work contributes to the ongoing discourse on legal reform and gender equality in Nigeria.