Rape has become more a culture than a crime in Nigeria due to unwilling attitude to regard rape as it is. It is so deep-rooted that we fail to realise the trauma that comes with it. And studies have shown that rape can have a devastating effect on victims if not handled properly. Besides the physical injury it may leave on the victims, it also comes with psychological and emotional trauma they may or may never recover from depending on how the situation is managed.

The Kaduna Governor, Nasir Ahmad El-Rufai, Septemeber 11, 2020, signed the State’s Penal Code (Amendment) Law 2020 against rape.

It reads, “Under the amended law, the punishment for the rape of a person older than 14 years will include surgical castration or removal of fallopian tubes, but the death penalty shall not apply. In cases where the rape convict is also a child, the court shall order an appropriate punishment under the Children and Young Persons Law Cap 26, Laws of Kaduna State 1991.”

The new amendment provides more stringent punishments as stipulated above, while the previous law carried a maximum penalty of 21 years imprisonment for the rape of an adult and life imprisonment for the rape of a child.

This law has received applause but has divided Nigerians into those who argue that it is too severe – also considering false rape accusations and the irreversible nature of castration  – and those who think the law will keep rapists and potential rapists in check.

See what Nigerians are saying:

 

Looking at the nature and circumstances of the offence of rape, castration will be a punishment taken too far. Rape is wrong and very dehumanizing, but the punishment already existing in our respective criminal laws appears to be very adequate.

— Okenna Peter Agubuzu (@OkennaPeter) September 17, 2020

Sir, the existing punishment seems unable to keep potential rapists in check.

If this would sound a warning bell in the heads of rapists, then it’s a welcome development

— Omo Iya Oni Breadii (@Tolu___ene) September 17, 2020

You're really not sound in reasoning.
What happens to false convicts and victims of unlawful persecution?

If such punishments be on execute, how can it be reveased against such victims.

— Pacific Rapture (@Pacific_Rapture) September 17, 2020

You can easily run the risk of castrating(an irreversible act) an innocent man who did not commit the offence, but was desired to be punished by an enemy. So kindly spare me the insult.

— Okenna Peter Agubuzu (@OkennaPeter) September 17, 2020

My dear Tolu, laws are made no necessarily on the circumstances or spores of the moment. The past and the future circumstances are also considered. The most passionate of all considerations is the travails of an innocent person who was wrongly accused.

— Okenna Peter Agubuzu (@OkennaPeter) September 17, 2020

i think this case has to be considered critically too, as there are cases of false rape accusations happening.

But all in all, i think a punishment stiffer than the existing should be considered to make potential rapists think twice before commiting the act

— Omo Iya Oni Breadii (@Tolu___ene) September 17, 2020

 

Okay. But death penalty would have been better because a castrated rapists would turn against the state to seek vengeance on innocent souls. Now did anyone think of that?

Pls what happens to looters of public funds? ?

— Lady P (@Pricelez_) September 16, 2020

Yeahhhh ??

But what happens when they decide to fight back?

After castrating them will they be sent to jail cos if they are left to roam around then it’s gonna be BLOODY…

Some Rapist are hardened, they’re devil in human form. They may decide to terrorize the state.

— Lady P (@Pricelez_) September 16, 2020

Victimology is branch in criminology which deals with victims of crimes, and they will be compensated. This is why in victimology, emphasis is more on punishment rather than the victim, because that's the only way the victim will feel satisfied when the doer has been punished.

— Abubakar Suleiman (@Sadiq_002) September 17, 2020

A castrated rapist can never repeat the crime because his tools has been removed completely. So, in criminology we call it "Recidivism" meaning; Habitual criminal. But in this case, this can never be done again.

— Abubakar Suleiman (@Sadiq_002) September 17, 2020

American Govt adopted chemical castration, this is why cases of rape don't surge. I commend @elrufai for this effort.

The essence of law is punishment.

— Abubakar Suleiman (@Sadiq_002) September 16, 2020

In light of all these arguments that seem valid, the new rape law by the Kaduna Government appears to be a double-edged sword that must be wielded with utmost care.

While fighting for the rights of rape victims, and instituting laws that will serve as a deterrent to potential rapists, it is equally important to protect the right of those who have been wrongfully accused of rape to ensure that the law does not work against the state.