Under the Criminal Codes of southern and northern Nigeria, rape is a criminal offence punishable by "imprisonment for life, with or without caning...attempted rape is punishable by 14 years of imprisonment" (Age of Consent, n.d.). The Centre for Reproductive Law and Policy (CRLP) corroborates this information and adds that in southern Nigeria, "assaults committed against girls between the ages of 13 and 16, including statutory rape, are punishable by imprisonment for up to two years" (ibid.).

Nonetheless, rape is a common problem affecting girls and women between the ages of 9 and 18 (GPI Oct. 1997). Rape cases go unreported because of "social prejudices against women, and unequal power relations between male and female, and the ignorance acceptance by women of a position of subservience" (ibid.). Additionally,

Marital rape is unrecognized by law in Nigeria, on the basis that consent to marriage is tantamount to the foreclosure of consent to each particular sexual intercourse; a man who inflicts extensive bodily harm on his wife while forcibly having sex with her is not punished for a sexual offence, but rather for an ordinary assault; cultural inhibitions and taboos about sexual activities constrain most victims from acknowledging and reporting incidents even informally; victims trapped in situations of sexual harassment--arising from threats of physical harm, withdrawal of financial support, or ostracism from the community; in law, rape is punishable maximally by life imprisonment but victims are not granted anonymity during prosecution and media attention and social stigma dissuade most victims from reporting ( Commission on Human Rights n.d).

The Commission on Human Rights report further states that it received "allegations of rape taking place at roadblocks as well as in prisons; and, when rape has been committed during armed robbery attacks in urban areas, the perpetrators are often charged solely for the property offence of armed robbery" (ibid.).

Testifying in a case of incest by a Nigerian national against his stepdaughter in Dallas Texas, the board chairman of the Organization of Nigerian Nationals and publisher of the African Herald, a monthly newspaper in the United States stated that "the fact that they were under the same roof is an abomination [in Nigeria], whether it is his stepdaughter or his daughter...it is a incest, and it is a crime" (The Dallas Morning News 8 Oct. 1998). He admitted however, that although the law exists, it is not enforced. "I have never heard of anyone being charged with sexual assault of a minor in Nigeria" (ibid).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please see the list of additional sources consulted in researching this Information Request.

Age of Consent. "Nigeria Criminal Code on Rape." http://www.ageofconsent.com/nigeria.htm

Center for Reproductive Law and Policy (CRPL). "Women of the World-Laws and Policies Affecting Their Reproductive Lives-Anglophone Africa" (NEXIS)

Girls' Power Initiative (GPI). Bene E. Madunagu. "Presentation to the President's Council of International Women's Health Coalition." http://www.iwhc.org/bene.htm

Commission on Human Rights. n.d. "Commission on Human Rights: Report of the Special Rapporteur." http://www.hri.ca/fortherecord1998/vol2/nigeriachr.htm

Dallas Morning News. 8 October 1998. Dave Michaels. "Local Nigerians Condemn Behaviour of Countryman in Baby Contract."

Africa Confidential [London]. January 1998 - October 1999. Vols. 39-40. Nos. 1-25.

Africa Research Bulletin: Political, Social and Cultural Series [Oxford]. 1997-1998. Vols. 34-35. Nos. 1-12.

Country Reports on Human Rights Practices for 1998 1999 United States Department of State. Washington, DC: United States Government Printing Press.

Keesing's Record of World Events [Cambridge]. January 1998-January 1999. Monthly. Vols. 44-45.

West Africa [London]. January-December 1998. Nos. 4179-4199.

Electronic sources: IRB databases, Internet, LEXIS/NEXIS, World Network Connection (WNC)