A legal luminary in the service of the Osun State Ministry of Justice, Barrister Akintayo Oyedele has recommended that child molestation should be given weightier punishment to serve as a deterrent to the perpetrators of the inhuman act.
The legal practitioner who made the recommendation in a paper presented at a workshop entitled: “Legal implications of child molestation” in commemoration of the birthday of Dr Romoke Edu Ogunlana held at Baptist Grammar School, Ikire, Osun State on Wednesday, adding that all relevant laws should be amended to reflect this.
“This heinous act is not limited to uneducated people alone but also involve highly placed people in the society, political office holders, celebrities, clergy and many others. Rape and defilement are not only looked upon as immoral, but the law has also criminalized such acts and dire punishment is attached to it.”
“Section 218 Criminal Act states:
Any person that has an unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony and is liable to imprisonment for life with or without caning.”
“The law states it clearly without mincing words that anyone found guilty of this offence shall be liable to imprisonment for life and it goes further to prescribe fourteen-year imprisonment for anyone who attempts such. Section 221(1) deals with girls above thirteen and under sixteen and it clearly prescribes a sentence of two years with or without caning.
Section 225 considers the abduction of girls under eighteen with intent to have carnal knowledge as a misdemeanour and any person involved is liable to imprisonment for two years.”
“The criminal code clearly explains what constitutes rape in section 357:
Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of an offence which is called rape.”
“Section 358 provides for the punishment of rape: Any person who commits the offence of rape is liable to imprisonment for life, with or without caning.”
“There is also punishment for attempted rape in section 359:Any person who attempts to commit the offence of rape is guilty of a felony, and is liable to imprisonment for fourteen years, with or without caning.”
According to section 363(a), the ignorance of the age of the girl or the consent of the girl is immaterial. On its own part, the Child Rights Act 2003 on its own extends the age of the victim to eighteen stating in Section 31 that:
(1) No person shall have sexual intercourse with a child, a person who contravenes the provision of Subsection (1) of this section commits an offence of rape and is liable on conviction to imprisonment for life.”
It stressed that “Where a person is charged with an offence under this section, it is immaterial that:
(a) the offender believed the person to be of or above the age of eighteen years; or
(b) the sexual intercourse was with the consent of the child.
“It pertinent to state right here that the protection offered by Law to children is very broad because they are considered as the vulnerable group and therefore makes sure that they are well protected.”
In her own submission at the programme, a renowned educationist and an outstanding son at the Obafemi Awolowo University, Ile-Ife, Dr Adejumoke Bisi Johnson frowned at child molestation and described the act as wicked and callous.
She, however, agitated for severe punishment for whosoever that get him/herself involved in the inhuman act.
Dr Johnson who attributed child harassment sexually and intimidation to a form of molestation on a child, further pointed out that, touching child-sensitive organs is equally not in order for a girl child.
Also, a medical doctor at the Ladoke Akintola University of Technology, Dr Adegboye Isaumi, charged the government to do all they could to checkmate the menace in the society avoid premature pregnancy and untimely death of a child girl.
Dr Isaumi argued that, if the concerned authorities could act promptly to wage war against the act by bringing those involved in child molestation to book, the spate of wickedness on the girl child in the society would be reduced.
While appreciating those who grace the occasion, the celebrant, Dr (Mrs) Romoke Edun Ogunlana, described their presentations as beneficial to the target audience and those in the society as well as concerned people at the helms of affairs.
She also charged the government to enforce laws to deal with molestation of a girl child strictly to make the society a Worth living ones for them.
Dr Ogunlana further appreciated all well-wishers like the first woman House of Assembly member in the Osun State, Mrs Funmilayo Olasehinde, a former House of Representatives Member, Hon Debo Ayinde and other important dignitaries who were in attendance.
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