By Chathushka Perera
ABUJA, Nigeria (CWBN)_ Despite the Anti-Harassment Act that was signed into law in July this year, a BBC documentary released in early October claimed that the legislation has done too little to curb the issue, and the high burden of proof imposed by the legislation is blamed for it.
The act was passed into force amidst public outrage over the predatory culture of Nigerian and Ghanaian universities, including two deemed to be the most prestigious in West Africa, the University of Lagos and the University of Ghana.
However, critiques claim that the government’s response was a matter of scoring points with the public than meeting a reasonable standard of handling sexual harassment, not just within universities but among Nigeria as a whole, particularly when it comes to religious leaders, civil service, and private sector employment.
It was expected that the bill would impose up to 14 years of imprisonment against any lecturer who is charged under intimidating students or maintaining a mutually agreed relationship with students.
Moreover, as of today, about 15 of 36 states in Nigeria have ingrained the federal laws, including the Child Rights Act (2009) and the Violence against Persons (Prohibition) Act (2015), brought in to the fill in loopholes in the Criminal Code of the Christian south and the Sharia Penal Code of the Muslim north.
As per the Criminal Code, does not recognise sexual assault as a separate offence to rape, and that individuals under the age of 12 are absolved of their involvement in any case of rape or attempt of rape.
Meanwhile the Shari Penal Code limits the scope of rape to “sexual intercourse” or rather penile penetration. It further requires that in order for the perpetrator to be charged, he should either confess or four male witnesses or eight female witnesses are required to testify. Should the charges fail to stand, the victim would face up to eighty lashes for false accusation.
In fact, during the Covid-19 lockdown between March and May this year, the Ministry of Women Affairs reported about 3600 cases of rape, while the Nigerian Police reported 717 between January and June. The #MeToo movement and versions of it, alongside the non-profit advocacy have been instrumental in bringing cases of sexual assault and rape into the lime light and supporting victims.
Moreover, Nigerian Police have also been accused of blaming and intimidating of the victim, and performing penetrative and humiliating examinations.
None of these issues are covered under the July act.
Edited by Elishya Perera
