Global Journal of Politics and Law Research (GJPLR)

EA Journals

Judicial Interpretation of Consent in Rape Cases in Nigeria: Socio-Cultural Dynamics and Legal Impacts

Abstract

The concept of consent lies at the heart of rape jurisprudence, yet its interpretation remains a contentious issue in Nigeria, where cultural, religious, and societal norms heavily and adversely influence the judicial process. This article critically examines how Nigerian courts interpret consent in rape cases, considering the statutory framework, judicial reasoning, and socio-cultural factors that shape these interpretations. The non-doctrinal and comparative methodology for research were adopted. By interrogating these issues, the article aims to provide a comprehensive understanding of how law, culture, and society intersect in shaping the discourse on consent in rape cases, ultimately advocating for a more equitable and effective legal system. It was recommended among other things, that rape needs to be given a broader definition to cater for more sexually abusive situations, the violence against persons Act need to be compulsorily domiciled in every state of the federation public awareness campaigns so that everyone understands the offence of rape and improved victim support and protection.

 

Keywords: Nigeria socio-cultural dynamics, consent, judicial interpretation, legal impacts, rape cases

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This work by European American Journals is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 4.0 Unported License

 

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Email ID: editor.gjplr@ea-journals.org
Impact Factor: 7.71
Print ISSN: 2053-6321
Online ISSN: 2053-6593
DOI: https://doi.org/10.37745/gjplr.2013

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