Comparative legal analysis of the offence of rape in Nigeria, United Kingdom and the United States of America
Author(s): Seun Omowonuola Afolayan
Abstract: This paper examined the comparative analysis of the offense of rape in Nigeria, United Kingdom and the United States of America. It differentiated what constitutes the offense of rape in these jurisdictions. The paper also highlighted the menace of the offense of rape and the new trend of the offense of rape in the 21st century. The methodology used is doctrinal approach, as research was done through the use of textbooks, constitutions and judicial precedents. The paper found that the concept of marital rape does not exist under the Nigerian law because the evidence of a valid and subsisting marriage between an accused husband and the woman will negate the offence of rape since sexual intercourse is one of the incidents of a valid marriage and a man is deemed in law to have obtained perpetual consent of his wife at marriage thereby removing any likelihood of an allegation of ‘unlawful carnal knowledge of his wife. It was finally concluded that the Nigerian Criminal and Penal Codes being of foreign sources and origin, but now regulating our criminal justice system might require some significant amendments that would take into consideration the societal peculiarities of Nigeria which criminal administration it relates.