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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MEDICAL EVIDENCE IS NOT PREREQUISITE TO ESTABLISH MURDER

Learned counsel for the appellant raised eyebrows on the failure of the prosecution/respondent to tender any medical report on the death of the deceased victim. It is trite law, that medical evidence though is desirable in establishing the cause of death in a case of murder, it is however not essential or a pre-requisite in a situation where there are facts sufficient enough to show the cause of death to the satisfaction of the Court. See LORI V STATE (supra) Uwaegbe Enewoh v The State (1990) NWLR (pt.145) 469 or (1990) 7 SC.

— Amiru Sanusi, JSC. Ogunleye Tobi v The State (2019) – SC.714/2017

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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 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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MEDICAL CERTIFICATE OF CAUSE OF DEATH IS NOT REQUIRED WHERE DEATH WAS INSTANTANEOUS FROM THE ACT

Adamu v. State (2026) 12 NWLR (Pt. 2055) 419 at 444, B—C per Nwosu-Iheme JSC: ‘It has been established that a medical certificate as to the cause of death may be dispensed with where death occurred instantly or almost immediately from the voluntary act of the accused person. See Bakari v. State (2024) 16 NWLR (Pt. 1965) 423. Where a person dies shortly after an attack by an accused, it is presumed that it is the accused that killed him. Medical evidence is not essential in establishing the cause of death where the deceased was attacked with a lethal weapon and died instantly. See Shaibu v. State (2017)16 NWLR (Pt. 1592) 396. See also Amao v. State (2022) 10 NWLR(Pt. 1838) 323 and Jibrin v. State (2022) 4 NWLR (Pt. 1820) 269.’

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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

ABSENCE OF MEDICAL REPORT IN RAPE CASE NOT FATAL

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PENETRATION IS THE MOST IMPORTANT INGREDIENT OF RAPE

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MEDICAL EVIDENCE IS NOT PREREQUISITE TO ESTABLISH MURDER

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

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PENETRATION IS THE ESSENTIAL INGREDIENT OF RAPE

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MEDICAL CERTIFICATE OF CAUSE OF DEATH IS NOT REQUIRED WHERE DEATH WAS INSTANTANEOUS FROM THE ACT

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MEANING OF RAPE IN LEGAL PARLANCE

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