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I've see a lot of comments applauding this new law and it's worrying. Let's not get carried away by the "impose harsher punishment" trope; this law is very problematic. In fact, the whole thing is a terrible idea. I'll explain why. 1/? https://twitter.com/nypost/status/1306692839401807875
Punishing rapists with castration perpetuates the idea that rape is about sex. And it is not. The central issue with rape is power imbalance. It's rarely ever "sex gone wrong".
Rape is much more about aggressive dominance than it is about sexual urges.
Rape is much more about aggressive dominance than it is about sexual urges.
Following the unfortunate string of rape cases that hit the media earlier this year, the State Govt recommended castration and death as punishments for rape. So this is simply a knee-jerk reaction that fails to address the root causes of sexual violence in Kaduna or anywhere else
Castrating people for rape is similar to cutting people's hands off for stealing. They may have used their hands to steal but the problem is definitely not their hands. It's something else. Something bigger and more complex. Something that requires a thought-out response.
Secondly, errors can occur, even in the best criminal justice systems. Because no human system is imperfect.
The chances that an innocent person will be wrongfully convicted for rape are very slim, perhaps 1 in 10,000. But for that one person, it is a 100 percent loss.
The chances that an innocent person will be wrongfully convicted for rape are very slim, perhaps 1 in 10,000. But for that one person, it is a 100 percent loss.
How much more when that loss is irreversible?
Our criminal justice must make room for that 1 person.
If someone is wrongly imprisoned, the State can release them. Compensate them as well. But a wrongly castrated person? The State isn't going to sew their balls back in, are they?
Our criminal justice must make room for that 1 person.
If someone is wrongly imprisoned, the State can release them. Compensate them as well. But a wrongly castrated person? The State isn't going to sew their balls back in, are they?
Reparation is a serious concern in criminal justice.
And this is by far one of the strongest arguments against the death sentence. Odd that the new Law also prescribes the death sentence for people who rape children. Castrate the convict. Then hang them. This part confuses me tbh
And this is by far one of the strongest arguments against the death sentence. Odd that the new Law also prescribes the death sentence for people who rape children. Castrate the convict. Then hang them. This part confuses me tbh
In addition, this law is barbarous. And it is also incompatible with human rights. Our Constitution guarantees everyone freedom from "inhuman or degrading treatment". And people's rights should be respected. Even if they are criminals? Yes!
We accept that it is wrong for State officials to mete out corporal punishment to prisoners. It is wrong to beat or mutilate them, or subject them to undignified or degrading punishment. For similar reason, it should be unacceptable to compulsorily surgically castrate a convict.
Simply prescribing stiffer punishment for rape is taking the easy route.
This is a feel-good reform. It gives the impression that something is being done about the scourge of sexual violence whereas the contrary is the case, and the real work has once again been left undone.
This is a feel-good reform. It gives the impression that something is being done about the scourge of sexual violence whereas the contrary is the case, and the real work has once again been left undone.
Spousal rape is still not a crime under that Law.
What is the minimum age of consent for girls?
Under most of our criminal laws, the definition of rape does not (adequately) accommodate female perpetrators.
The conviction rate for rape is abysmal.
These are the issues.
What is the minimum age of consent for girls?
Under most of our criminal laws, the definition of rape does not (adequately) accommodate female perpetrators.
The conviction rate for rape is abysmal.
These are the issues.
Kaduna State's new penal law will not orient our law enforcement and judiciary towards handling rape cases better (and trust me, they really need the orientation). It does not guarantee higher conviction rates. And there is no tangible evidence that it will lower the rate of rape
Sexual violence victims may feel that this is progress. It is not.
Enacting a backward, irreversible penalty to apply in all cases of child rape, as an instant reaction to an age-old problem is pedestrianism.
Take it from me (or better still, ask Google), this is not progress.
Enacting a backward, irreversible penalty to apply in all cases of child rape, as an instant reaction to an age-old problem is pedestrianism.
Take it from me (or better still, ask Google), this is not progress.
PS. Another problematic provision in this amendment is this:
The law expressly makes sexual intercourse with a boy below 14 (whether the perpetrator thinks the boy consented or not) a criminal offence but I do not see any corresponding provision for girls.
Issue for another day.
The law expressly makes sexual intercourse with a boy below 14 (whether the perpetrator thinks the boy consented or not) a criminal offence but I do not see any corresponding provision for girls.
Issue for another day.
UPDATE: I checked the Kaduna State Penal Code Law and it stipulates that the age of consent for girls is 14:
Sexual intercourse with a person "with or without her consent when she is of unsound mind or below 14 years old" is rape.
The amendment does not affect this provision.
Sexual intercourse with a person "with or without her consent when she is of unsound mind or below 14 years old" is rape.
The amendment does not affect this provision.
