400-level UNILAG student arrested for rape, may face 14 years jail term

A 400-level student of Actuarial Sciences of the University of Lagos (UNILAG), Oluwaseyi Anyiam, 22, has been arrested for allegedly sexually violating a female colleague.

Anyiam has pleaded not guilty to the charge of sexual assault.

The prosecutor, Simeon Imhonwa revealed that the accused committed the offence at Alaogomeji area of Ebute-Meta, Lagos on August 3 around 2 pm.

The story (Narrated by Imhonwa):

  • Anyiam had earlier invited his victim to an eatery at Alaogomeji but claimed he forgot something in his house, asking her to accompany him back.
  • On getting to his house, he led her into his room, because his colleagues were ‘disturbing’ the sitting room.
  • Imhonwa alleged that the accused offered the victim a drink which she declined and in the process, he started molesting her; also threatening her.
  • Anyiam allegedly had carnal knowledge of the victim, who was unwilling to.
  • The case was reported by the authorities of UNILAG on August 7, as confirmed by the Coordinator of the Lagos State Domestic and Sexual Violence Response Team (DSVRT), Titilola Vivour-Adeniyi, who also said they have begun investigating the matter.

“On August 9, the team went to UNILAG to get the perpetrators but was told they had been transferred to the Sabo Police Division.

“We went to the police station, but we were told the parties had resolved the issues. The survivor advocate requested to see the affected person the following day to ascertain the truth.

“On August 10, DSVRT met with the survivor and her parents. They said they wanted to prosecute but were informed that they were going to be stigmatised if they did and that the survivor’s education would be affected.

“Afterwards, the team counselled the family and made them to realise that there was no stigma in reporting a crime.”

What the law states:

According to the provision of S.357 of the Criminal Code, rape occurs when a person has unlawful carnal knowledge of a woman without her consent, if with her consent, by means of threat or intimidation, by means of fraudulent misrepresentation as to the act or by impersonating her husband.

The meaning of “unlawful carnal knowledge is expressly provided for in S. 6 of the Criminal Code. It defines unlawful carnal knowledge as “carnal connection which takes place otherwise than between husband and wife.”

The section also further states that an important element of carnal knowledge or carnal connection is penetration.

Also, rape has been defined by S.282 of the Penal Code. It provides:

(1) A man is said to commit rape who, except in the case referred to in subsection (2) of this section, has sexual intercourse with a woman in any of the following circumstances-

(a) against her will;

(b) without her consent;

(c) with her consent, when her consent has been obtained by putting her in fear of death or of hurt;

(d) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married;

(e) with or without her consent, when she is under fourteen years of age or of unsound mind.

(2) Sexual intercourse by a man with his own wife is not rape if she has attained to puberty.

The Chief Magistrate, B.O. Osunsanmi granted the accused bail in the sum of N500,000 with two reputable sureties with verifiable addresses.

Osunsanmi said the sureties must provide evidence of two-year tax payment to the Lagos state government.

She referred the case file to the office of the director of public prosecutions for advice and adjourned the matter to October 19.

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