SCAR OR INJURY ON BODY MAY NOT PASS AS EVIDENCE OF RAPE

In the case of Ibeakanma v. Queen (1963) 2 SCNLR 191, the appellant was charged with rape in that he had sexual intercourse with a married woman against her will. The appellant denied the offence. The trial Judge relied on the scar on the appellant’s shoulder as a result of a bite by the complainant during the intercourse, as corroborative evidence and he convicted the appellant. The Supreme Court found that in the absence of any other evidence implicating the appellant on the offence of rape, the scar on the appellant’s shoulder alone did not constitute corroboration. The appellant was discharged and acquitted.

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PENETRATION IS THE MOST IMPORTANT INGREDIENT OF RAPE

The essential and most important ingredient of the offence of rape is penetration and unless penetration is proved, the prosecution cannot be said to have proved its case beyond reasonable doubt. Penetration however slight is sufficient and it is not necessary to prove an injury or the rupture of the hymen to constitute the crime of rape. See: – EDET OKON IKO VS STATE (2001) 7 SCNJ 391. OKOYOMON VS STATE (1973) 1 SC 21, R VS ALLEN 9C & p 31.

— S.D. Bage, JSC. State v Masiga (2017) – SC

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MEANING OF RAPE IN LEGAL PARLANCE

“Rape” in legal parlance means a forcible sexual intercourse with a girl or a woman without her giving consent to it. The most important and essential ingredient of the offence is penetration and consent of the victim is a complete defence to the offence.

— Kalgo, JSC. Okon Iko v State (2001) – SC.177/2001

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MEDICAL REPORT AND EVIDENCE IN CHIEF

In David Ifenado v. The State (1967) N.M.L.R. 200, a decision of this Court which was relied on by the Federal Court of Appeal, the doctor after his evidence in chief produced a medical report which was received in evidence. Brett, J.S. C. (delivering the judgment of the Court) held that It was clearly inadmissible at that stage. The Doctor might properly have been allowed to refresh his memory from the report under Section 215 of the Evidence Act and the defence would then have been entitled to see it and cross-examine on it, in which case it might have been produced in evidence but it ought not to have been admitted at the trial in the evidence-in-chief.

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PENETRATION IS THE ESSENTIAL INGREDIENT OF RAPE

The essential and most important ingredient of the offence of rape is penetration and unless penetration is proved the prosecution must fail (See R. v. Hill, 1 East P.C 439). But penetration however slight, is sufficient and it is not necessary to prove an injury or the rupture of the hymen to constitute the crime of rape. (See R. v.Allen 9C &p.31).

— Kalgo, J.S.C. Okon Iko v State (2001) – SC.177/2001

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CORROBORATION IS REQUIRED FOR RAPE CONVICTION

In R.v. Ross (1925) 18 Cr. App. Rep. 141 at 142. Hewart, L.C.J. on facts which are not too dissimilar to those in the present case had this to say, namely:- “In a case of this kind, corroboration of the story of the prosecutrix, though not essential in law, is required in practice. It is the well-settled practice to warn juries that it is not safe to convict on the uncorroborated testimony of the prosecutrix. To tell the jury that something is corroboration which is not corroboration may have a more unfortunate result than the omission of any warning on the matter. Here a matter was treated as corroboration which was not corroboration … The conviction must be quashed.”

ABSENCE OF MEDICAL REPORT IN RAPE CASE NOT FATAL

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SCAR OR INJURY ON BODY MAY NOT PASS AS EVIDENCE OF RAPE

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PENETRATION IS THE MOST IMPORTANT INGREDIENT OF RAPE

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MEANING OF RAPE IN LEGAL PARLANCE

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MEDICAL REPORT AND EVIDENCE IN CHIEF

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PENETRATION IS THE ESSENTIAL INGREDIENT OF RAPE

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CORROBORATION IS REQUIRED FOR RAPE CONVICTION

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