WHY THE PROVISION OF SECURITY AND JUSTICE FOR WOMEN FROM

SEXUAL VIOLENCE SO INEFFECTIVE IN NIGERIA.

INTRODUCTION

Women all over the world, face discrimination based on their

gender, ethnicity, religion, class, sex, which impedes their

access to security and justice. Sexual violence is a global

problem with mostly women and children being at risk because

of their subordinate status in the society (Bourdilon, 2000;

Abrahams, et al., 2014). Sexual violence comes in different

context and forms, because it mostly take place in different

circumstances and settings, these include for example;

Forced marriage, which include child marriage, sexual abuse

of children, forced abortion, denial of the right to use

contraception or to protect against sexually transmitted

diseases, systematic rape during armed conflict, rape within

marriage, rape by strangers, sexual harassment, forced

prostitution and trafficking amongst other.

Although men do experience sexual violence, however, the

prevalence is higher among children and women (Tilman et

al., 2010). The adverse effect of sexual related violence on

the health of the victim is tremendous (Kiesel, 2006).

Sexual violence can be traumatic with long lasting effect on

the victim; they could experience various physical and

psychological problems. Similarly, victims risk the

likelihood of being infected with sexually transmitted

diseases, low self-esteem, behavioral problems, suicidal

thoughts, drug abuse, depression; amongst other are some of

the unhealthy consequences that can be caused as a result of

sexual violence (Saunders & Kindy, 1993). In addition the

violence against the woman may lead to unwanted pregnancy

(Holmes, et al., 1996).

Brown worth (1995) and Kiesel (2006) observed that more than

750,000 women are either rape or sexually assaulted annually

but fewer than half report it. Which is the most distressing

aspect of it is, many of these go on unreported, evidence

has it that women in developing countries experience sexual

violence at a disturbing rates however, these women are less

likely to report or seek help (Tilman, Bryant-Davis, Smith &

Marks, 2010). The narrative is same in Nigeria, for

instance, a survey carried out by the National and Safety in

2012 has it that sexual violence compared to other major

crime is underreported notwithstanding the high prevalence.

Lack of economic freedom, inadequate legal protection,

absence of institutional specialized capacity and services,

fear of reprisal and exclusion, prejudices within the

society and the justice system and poor public services by

non-governmental organizations are some of the specific

obstacles that contribute to the continued violence against

women and also made access to justice and security

ineffective (Harding, 2008). This essay subsequently, will

look at why the provisions of justice and security for women

from sexually violence so ineffective, by taking a closer

look at other salient factors that have been overlooked

especially in Nigeria where factors such as culture and

tradition play an important role in dictating people’s way

of life.

CULTURE

Social and cultural factors influence the way of life in

most African society; the long-established African

patriarchal society regulates the gender power structure

(Ifemeje, 2008). The culture has contributed to women

subordination beneath men, which result in gender inequality

and discrimination (Okolo, 2008: 6). In such societies

gender relations are defined by segregation of roles between

men and women, this is derived primarily from religion,

culture and traditional beliefs where men have more right

than women (Odimeqwu & Okemgbo, 2003, Okolo, 2008).

In Nigeria, ‘women are brought up in an atmosphere where,

they are expected to obey established social norms such as

how they should view and orient themselves and what kind of

attitude they should take on various occasion’ (Odimeqwu &

Okemgbo, 2003: 225). Notwithstanding, the fact that those

women play a key role in the economic, social, religious and

cultural sustenance of their local communities (Dankelem &

Davidson, 1997). They nonetheless continue to endure social,

economic, physical, psychological and sexual exploitation in

the name of religion, customs and tradition (Anyogu, 2008).

Violence against women is often embedded in social customs

that allows it to be perpetrated with impunity, such

violence and inequality arises from intricate array of

closely knitted factors, which includes traditions, gender

norms and social acceptance of violence as a means of

conflict resolution (Abama & Kwaja, 2009). These seemingly

dominant cultural and customary enforcements have so far

frustrated the elimination of gender based violence

(Ifemeje, 2008). Thus rendering the provision of security

and justice to women within such communities ineffective.

The Nigerian culture makes it hard for a woman to say no,

especially married women. Warped and selfish interpretation

of religious doctrines, especially where spouses are

involved, the woman "is not supposed to complain". Thus,

they suffer injustice in silence, rape and sexual violence

by intimate partners despite the mounting evidences remains

unchecked simply because of the woman’s inability to assert

her right (Foluso, 2011). Men learn to be aggressive and

dominant through socialization, they carry such to their

homes, As a result, because the culture expects the woman to

only cry and not speak out when faced with challenges, the

woman subsequently operate in silence thus giving room for

continued oppression from their partners (Okolo, 2008: 1)

Men regard marriage as entailing obligation on women to be

sexually available at any given time (Jewkes & Abrahams).

Women lack equal power to negotiate safe sex in intimate

union, the culture upholds and entrenches man authority in

the home, the custom of paying ‘bride price’ whereby the man

essentially ‘purchase’ their wives sexual favors underscore

men’s entitlement to dictate the terms of sex (Abama &

Kwaja, 2009). Thus, the prevalence of rape and other sexual

violence has often been associated with social norms around

the use of violence as a means to achieve objectives. Rape

and sexual violence is common in societies where the

ideology of male superiority is strong emphasizing

dominance, physical strength and male honor (Sandy, 1981).

This belief systems grant women limited options in refusing

sexual advance. Subsequently, Most men exclude the

possibility that their sexual advances towards a woman might

be rejected or that a woman has the right to make an

autonomous decision about participating in sex (Bennett et

al., 2000).

Men are held to be unable to control their sexual urges in

many cultural settings with the woman being at the receiving

end for provoking the desire in men. The prevailing ideas

about the status of women and sexuality in such community

determine how families and communities react to sexual

violence and rape. The cultural solution in some societies

is to marry off the victim to the rapist, thereby

‘preserving the integrity’ of the woman and her family

(Heise, 1993). For instance, Aborisade (2014) in his

research came across a respondent who was raped by her

classmate; her father in response stopped her “from

reporting in order to ‘protect’ the family name”

“I called my father as soon as it happened and told him

everything. I told him I was going to report the boy to the

school authority but he asked me not to go ahead with such

plan...he said it would do me more harm than good. When I

still insisted after that, he got annoyed and instructed me

not to report, as it would rub the family name in the mud”

(Aborisade, 2014; 6)

Similarly, other families may rather put pressure on the

victim to obtain financial damages from the rapist family

rather than reporting or suing (Watts, 1998). Subsequently,

the family and community response to sexual violence and

rape is to blame the woman and concentrating instead on

restoring ‘lost’ family honor, without punishing the men.

Blame the Victim

Where such violence is narrowed down into blaming the victim

as having encouraged the act; the perpetrator could be

excused on the ground the victim asked for it through her

actions because men cannot control their sexual impulses.

The society that is meant to protect such victims is

completely intolerant to them (Amaka-Okafor, 2013; Chiedu,

2013). This usually result in the survivors remaining silent

about the crime, despite the fact that there are no laws

regulating dressing in Nigeria, survivors of rape are often

perceived as facilitating their victimization through

indecent dressing and/or suggestive attitudes, as such,

victims of rape or sexual violence are often seen as the bad

eggs within the society. Thus, blamed for leading their

assailants to the crime (Aborisade, 2014).

Similarly, acts such as touching the breast, seductive gaze

amongst other that could degenerate to violent rape are most

times disregarded or trivialized (Olukemi & Folakemi, 2015).

Most culture trivialized the issues concerning sexual

violence for example; doubting the case of rape and sexual

violence is common, people usually raises the question of

whether the act has taken place especially where there are

no obvious injuries on the victim. Similarly, the belief

that women say no when they mean yes is counterproductive in

reporting rape or sexual violence, because some do believe

that if a woman doesn’t physically resist though resisted

verbally than it isn’t rape. Such response, not only does it

create an environment in which rape can occur with impunity

but also shuts out any possible avenue for the victim to

seek justice and protection. Sexual violence is not

perceived as a serious problem that should be tackled, it is

usually taken for granted; victims are left to tackle it on

individual basis (Abe, 2012).

Perhaps that explains why some men feel that engaging in

sexual violence is normal, while on the other hand, because

of how trivialized it is, victims may be uncertain as to

what kind of response they will get from friends, family and

state institutions, as such they remain silent, accordingly

Gurvinder & Dinesh, highlighted that sexual related violence

is likely to occur in culture that fosters beliefs of male

superiority and cultural inferiority to women (Gurvinder &

Dinesh, 2013). Where the woman discloses the crime; she

stands to forfeit her place in the community and in most

cases her husband and in extreme cases she might even lose

her life, in societies where there is a taboo on female

sexuality, women may not be able to discuss sexual crimes

with male police officers. Women in most circumstances

perceive rape and sexual violence as a fact of life, under

these circumstances; they are pressured not to report such

violence to authorities by either their family or community

(Seelinger, Silverberg & Mejia 2011). Such are the myriad

obstacles facing victims of sexual violence in reporting an

assault. Because women are perceived as keepers of family

virtue and female modesty is enshrined in law and customs.

Stigma

Gender bias that exposes the women to further ridicule after

being abused Arising from the above explains, why most women

hardly report cases of abuse. "Shame", to expose oneself as

having been abused; it may even put off suitors as the

society always remembers her as the "abused woman"; it's

hardly forgotten that she was once abused. In fact the

society May even celebrate the perpetrator instead of having

sympathy for the victim. The social stigma attached to

sexual violence and rape is an important social factor that

impact women access to justice and security in Nigeria. The

fear of stigma and isolation by the society imposes a

culture of silence, thereby, preventing the victims from

reporting (Kullima, Kawuwa, Audu, Mairiga & Bukar, 2010).

The assumed dishonor associated with rape or sexual violence

may encourage such silence because no one wants to be seen

as a victim of sexual assault. For example, in an empirical

research carried out by Aborisade (2014) across tertiary

institutions in Nigeria. He found out that 60.87% of the

respondents were advised by their friends not to report, in

order to avoid social stigmatization. Below is a response

from one of his respondent.

‘...I cannot report because our people don’t like to

associate with girls that are raped. Even I noticed that as

soon as it happened to me, most of my neighbors were no

longer free with me. Several times they will be whispering,

talking about me, once I approach them, they will stop and

start making gestures to themselves. I had to move out of

that house because of that...’ (Aborisade, 2014)

The fear of social stigmatization has forced victims to

conceal rape and sexual violence, in order to be protected

from public embarrassment and shame; it has also made it

difficult for families to expose the rapist (Achunike &

Kitause, 2014).

The prevalence of cultural taboos concerning sexuality is

attributed to the underreporting of sexual violence in

African countries, making rape a topic that is avoided in

the public discourse (Duroch, McRae & Grais, 2011), while

other researchers are of the view that sexual violence is

not accorded much priority because it is perceived as a

gender issue (Motsei 2007; Du Toit, 2009). The culture of

double standards, further influences silence, for example,

everything a male child does is permitted by the culture,

girls on the other hand, are treated like commodities or

properties, this culture according to, Ariffin (1997) could

be blamed for the belief that women are responsible for

provoking sexual desires in men who unable to control their

urges (Ariffin, 1997). Subsequently, fear induced by this

same culture may prevent the survivor of rape or sexual

violence from disclosing the assault (Brown-Miller, 1975).

In situation where the assailant is influential or in areas

where there are strong community ties whereby the victim may

be related to the perpetrator may aid silence. The

interwoven and conservative rural culture makes it difficult

for the victim to turn to outsiders for help (Smit &

Plessis, 2011).

Education

Educational factors have slowed down the eradication of the

male superiority syndrome, which is deeply entrenched in

most cultures across Nigeria (Chika & Nneka, 2014). Parents

elect to educate male children while ignoring the female,

especially in the northern part of Nigeria. The high rate of

female illiteracy impedes the elimination of gender based

violence, as uneducated women especially in the rural areas

are not conscious of their rights, much less understand ways

to demand them, research has shown that they have conceded

that acts of violence perpetrated by their partners is

customary and accepted of by their culture (‘Facts and

figures’, 2007). Women in Nigeria, in consequence of the

patriarchal nature of Nigerian’s sociological background,

are confronted with many institutionalized barriers, which

have seriously impeded the full realization and protection

of their rights (Ifemeje, 2011).

Legal and Institutional Arrangements

‘The ability to claim one’s rights and seek a remedy is

influenced first and foremost by the contents of the laws

that establish these rights and regulate the processes for

claiming their protection. While in numerous countries

progress has been achieved in the formulation and adoption

of more gender equitable legislative and regulatory

frameworks during the last two decades, in others, explicit

discrimination against women continues to be perpetuated’

(OHCHR 2013).

Nigeria still relies on outdated laws that were enacted

decades ago, in spite of the global shift towards

eradicating violence against women which ended up in many

states establishing gender based violence defined laws

(Ifemeje, 2008). Remarkably, victims of sexual violence are

made to turn to the provisions on assault and battery, which

is not only discriminatory but also grossly inadequate; the

elimination of violence against women in Nigeria has been

impeded through the meshing of various legal instruments

like the non-enactment of most international covenants on

women’s right by the government, the subsistence of a host

of already established outdated legislations which are

prejudiced against women and finally the non existence of a

gender based law.

Although Nigerian government is signatory to most

international instrument on women’s right, however, most of

these laws directed at ensuring gender equality are not

adopted by the government. This can be attributed to the

fact that the national assembly must first enact adoption of

such laws according to section 12 of the Nigerian

constitution into law, therefore because they are not part

of the municipal laws, these international instruments

remain unenforceable until they are enacted by the law

making body (Ifemeje, 2008). Lapses and gaps in the

enforcement of existing national laws on gender rights and

the non-domestication of the Convention on the Elimination

of all Forms of Discrimination Against Women (CEDAW) and

other important legislations on gender rights acts as

impediment to women access to security and justice (Chika &

Nneka, 2014).

Looking at some of the indigenous statutory laws in Nigeria,

for instance, shows an unfortunate discriminatory gender

bias, section 6 of the Criminal Code, applicable mostly in

the southern part of Nigeria, has expressly legalized

spousal rape, the provision of the section read thus

‘Unlawful carnal knowledge means carnal connection which

takes place otherwise between husband and wife’ (Criminal

Code Act, 1916). Therefore, according to this provision a

husband can never be accused of molesting his partner. This

not only provides a breading field for violence against the

wife, it also impedes their access to justice. Amaka-Okafor

(2013) blamed the non-acknowledgement of rape amid spouses

by the law as an instrument that encourages the culture of

rape, this, she maintained might have accounted for the low

reportage of rape.

Similarly, section 353 and 360 of the Criminal Code further

shows the gender discrimination and inequality when it comes

to punishment, while section 353 makes indecent assault

against male a felony punishable with three years

imprisonment, section 360 on the other hand makes similar

offence on women a misdemeanor punishable with a maximum of

two years (Criminal Code Act, 1916). Finally, section 138 of

the Evidence Act makes it impossible for the victim to

secure conviction of her assailant, because it lays the

liability on the victim to prove her case beyond reasonable

doubt (Evidence Act, 2011). This according to Okonkwo (2003)

poses a grueling task for the prosecution because of the

exclusive nature of the crime, which is committed behind

closed doors. The shortcomings of the law, which sates that

victims must proved that consent was not given and

established that penetration occurred has encouraged silence

(Folayan, Odetoyinbo, Harrison & Brown, 2014).

With legal and law enforcements institutions far away from

the people, physical access to legal system may be difficult

especially to victims living in remote rural communities,

the travel required to report a crime can be a significant

obstacle, even where one is able to travel, some victims may

not know where to go (Seelinger et al., 2011). Many of the

victims have no prior experience with the legal system

therefore do not know how to proceed in sexual violence

cases (Kelly et al., 2005). The process of going through the

legal system may also be distressing to many victims, not

only do they risk being constrained to do so in the face of

deep-rooted gender biases and rape myths underlying the very

system charge with providing them with justice but they may

also experience immense psychological struggle from having

to come forward (Seelinger et al., 2011). Because the

process of getting redress is often cumbersome, the victim

risks being exploited in the process.

Despite the increase in number of incidents of rape and

sexual violence, Statistics shows that only one in 50 cases

of rape are reported (Chiedu, 2013). Thus, it is widely

describe as ‘a crime whose victims love to remain anonymous’

(Yishua, 2011: 23). According to the survey carried out by

the National Crime and Safety (2012) the police

insensitivity have discouraged most victims from reporting

and while those that have reported were unsatisfied with the

handling of the case. Victims are often reluctant to report

because of the already established mistrust between the

victim and the official to whom the assault is reported

(Kiesel, 2006). The insensitivity of police officers often

deters the victims from coming forward. The reaction of law

enforcement agents in relation to rape is reflective of the

apprehension of the crime in the society; the law

enforcement agents are usually opinionated in handling rape

cases (Abati, 2009; Ogbo, 2013).

This issue of underreporting just goes to shows the failure

of the state to create structures that would sway victims to

step forward (Ogbo, 2013). Although non-reporting according

to Willis (2011) is counter productive and may leave victims

without help and support which will only continue the cycle

of sexual violence. He however, fails to take into

consideration of secondary victimization by the police,

which is another factor that explains the low reports of

rape and other violence against women (Amaka-Okafor, 2013).

There reports in various quarters, which have it that, the

police generally subscribe to the belief that, it is

impossible for a woman to be rape by her partner.

subsequently, they make mockery out of the victim’s claim.

This in essence makes the victims lack confidence in the

criminal justice system (Chiedu 2013)

Another factor that impedes women access to justice is the

process of investigation, because of the sensitive nature of

it, victims may have greater difficulty speaking about their

ordeal, similarly most investigators tend to be male, which

creates a gender dynamic that may be uncomfortable for

victims of rape and sexual violence, in some cases,

regardless of the gender most police officers are not

trained for sensitive issues such as rape and sexual

violence (Seelinger et al., 2011). Consequently victims may

be reluctant to speak up or report to the police especially

where such victims live in the same community with the

assailants because of the fear of retaliation.

In the same vain, judgment or cultural taboo may affect the

victim especially in cases of sexual violence where

terminology can be vague or embarrassing, Victim’s ability

to recount the experience may be impacted by trauma; this

can subsequently complicate responsiveness to questioning

and because the police officers are not trained to work

through a victim’s psychological difficulties, it often

leads to flawed interpretations. This is also true in

situations where the law enforcement officer doesn’t speak

the victim’s first language, the flawed interpretation may

lead to confusion, misunderstanding and unjustified concerns

about the victim’s credibility, this present a huge

challenge to rapport building and a victim willingness to

proceed. Also, where the victim and the investigating

officer/interpreter come from the same community, security

and confidentiality of the victim maybe compromised

(Seelinger et al., 2011).

Finally, unsatisfactory synergy between police and

prosecutors, weakness of testimony, lack of efficient

interrelationship between medical care providers and the

legal system, careless trial procedures that may exacerbate

a victim’s ordeal. Structural and resource constraint in law

enforcement, forensic analysis and the court are some of the

obstacles that impeded women from getting access to justice

(Seelinger et al., 2011).

Conclusion

At the heart of sexual violence directed against women is

gender inequality, which is driven by so many factors

operating in a range of social cultural context, which

subsequently impedes access to security and justice. Without

the government addressing the existing culture and customs,

which legitimize and trivialize violence against women in

most communities, the cycle of violence will continue.

Although reducing or eliminating gender based violence may

be difficult because of the already established norms within

the society. Protecting women and providing them an

effective avenue to justice will have to start by doing away

with the archaic customs and traditions that infringes on

their rights, educating and orienting the women on their

fundamental rights is a start. At the same time, there is

also a need to sensitized especially the law enforcement

officer who unfortunately are also part of the cultural

problem, having grown up with the perception of women not

having rights, being enlightened on human rights

implications of gender discrimination will make them more

sensitive and responsive to gender based violence.

The high recurrence of sexual violence and the

underreporting highlights the urgency for definitive

response to address it, such as repealing laws that

discriminate against women and enacting and adopting laws

that promote gender equality, laws that has zero tolerance

to rape and important international instrument such as the

CEDAW needs to be adopted by the legislature because such

instruments provides a platform for women to agitate for

their rights.

For women to have confidence in the judiciary the judiciary

needs to be proactive in handling cases of rape and sexual

violence, because investigated and presented evidence maybe

be wasted in situations where the judiciary are not

sensitized or conversant with the laws regarding sexual

violence. Like Turquet (2011) maintained, an operational and

accessible justice system is crucial for women to actualize

their right because the judiciary has the potential to shape

society by preventing impunity, implementing accountability

and creating new social norm.

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