Incessant Rape Violence In Nigeria And South Africa: Exploring Legal Strategies Towards Revamping Women Rights To Human Dignity

Adewusi-Bakare Mercy Bolade, LL. B, LL.M (Obafemi Awolowo University, Ile-Ife, Nigeria); BL. (Nigerian Law School); LL. D (University of Zululand, South Africa). Lecturer, Faculty of Law, Adekunle Ajasin University, Akungba-Akoko, Nigeria.

ABSTRACT

Acts of sexual violence / rape is a manifestation of power disproportions across different categories of people. Thus, in most cases, it is based on the particular environment, climate change, family settings, workplaces, educational settings, or religious institutions. The escalating rate of rape in South Africa and Nigeria thus constitutes a violation of “Women” human rights, and jeopardizes their constitutional rights immeasurably. Series of violent rape cases were recorded in Nigeria and South Africa within 2019 and 2024. This led to public protests, and consequently in 2020 the Nigerian Government declared a state of emergency on sexual offences. Invariably, most perpetrators usually kill their victims, meanwhile, only a minimal percentage of perpetrators are arrested and convicted. Using data from government sources and other entities as well as primary and secondary sources of law including case law, and relevant internet materials, this paper evaluates the adequacy or otherwise of the extant legal framework on the offence of rape in the selected countries. Noting the role of law in deterring potential offenders and mitigating incidents of prohibited activities, the paper advocates having in place a more robust legal framework on rape designed to strengthen the current systems and provide Investigators and Prosecutors with appropriate legal and administrative tools to tackle the menace.

Keywords: Incessant Rape; Human right violation; Deterrent Strategy; Legal Framework.