The offence of Rape is a menace that bedevils every society. Women, young girls and even infants make up the statistics for this offence. Prior to the advent of women emancipation and empowerment, women have been viewed through the microscopic lens of society as objects of sexual satisfaction that should be subsumed into the existence of their male counterparts. There have been countless cases of female genital mutilation, female child abuse, rape, enslavement, discrimination, and deprivation. The situation is further aggravated by the inability of legislation to provide the necessary protection as is expected in a civilized society. This lacuna necessitated the struggle for women emancipation and gender equality.
As society evolved and morality degenerated, men as well as women became objects of perverted sexual desires, yet the legislations necessary to properly address these vices were non-existent. There was an attempt, albeit weak, by the Criminal Code Act to criminalize the offence of rape. The attempt was weak in that, it was flawed with so many lacunas and created a wide net for perpetrators of the offence to evade justice. There was also an attempt by the Violence against person prohibition Act to address the offence of rape, it was an improvement on the criminal code but not a perfect legislation. This article seeks to examine the offence considering these two statutory provisions.