Dissecting sexual crimes, proffering solutions

A review of J.F. Odesola’s book, Sexual Crimes in Africa and How to Deal with Them: Zambia and six other African countries in Perspective, by Adewale Oshodi

TO say that sexual crimes are on the increase the world over is to say what is obvious. In Nigeria for example, sexual crimes are being recorded almost on a daily basis, to the extent that even minors as young as three months are not spared. It has even got to a point whereby some fathers also molest their female children.

Therefore, the book by J.F. Odesola, Sexual Crimes in Africa and How to Deal with Them: Zambia and six other African countries in Perspective, is coming at a very critical time as there are ongoing debates on how to tackle these sexual crimes.

With a special focus on Zambia, where the author worked as a Victim Support Officer (VSO), the book goes further to highlight the situation in six other African countries, namely, Botswana, Malawi, Kenya, Zimbabwe, South Africa and Nigeria.

In his foreword on the book, human rights lawyer, Ebun-Olu Adegboruwa (SAN), admits that “the world is currently ensconced in sexual violence, sexual abuses and sexual assaults, all manifesting in constant rape cases, shock reports of defilements, bestiality and lately, incest and very unnatural sexual intercourse.

“On the surface, it would seem that there are no statutory remedies, or that extant legislative efforts are inadequate to tackle this monstrous development.

“In this rare expose, the author has made an unusual but bold foray into the jurisprudence of sexual offences, tracing their origin and root causes, analysing and dissecting the relevant legislations and also proffering solutions to curb the rising menace.”

The nine-chapter book starts with ‘Parties to sexual offences,’ where the author first highlights the terms in sexual crimes like defilement, sexual assault, statutory rape, rape, solicitation, among others.

The author explains in this chapter that many people believe that the actual perpetrator of a crime is the only person liable for criminal proceedings. He says the courts and parliament (in Zambia), have realised that criminal liability should not only be placed on the actual offender, but also on others who, though did not actively participate in the commission of the crime, played a part.

The second chapter delves into the elements of a crime, actus reus and mens rea, where the author says in many criminal cases, a person is not supposed to be arrested and later convicted of a crime if it cannot be proved beyond reasonable doubt by the prosecution that (a) the accused caused the crime to occur, or the accused had responsibility over somebody or something but was negligent, (b) the accused, at the commission of the crime, had a guilt mind.

This chapter reveals that the causation of the fact or an omission, which is failure in responsibility, is called actus reus, while the guilty mind of the accused is referred to as mens rea of a crime. However, a person cannot have a guilty mind unless he or she is in the right state of mind. As a result, insane people and even minors do not have a right state of mind, and they cannot have a guilty mind, meaning they have no mens rea.

Therefore, to prove that a sexual offence occurred, actus reus and mens rea need to be proved.

The third chapter focuses on rape; it looks at the background of consensual sexual intercourse, legal definition of rape, attempted rape, if a female can be indicted for rape, revocation of consent and why silence does not mean consent.

The author also uses different court cases to prove some of his points in dealing with rape cases.

In most cases, some people mistake defilement for rape, and this is treated in the fourth chapter. The author, with his experience as a Victim Support Officer (VSO), says most Zambians in rural areas feel defilement is sexual intercourse with a girl who has not reached puberty. However, it is more than that as defilement, according to Section 138 of the Zambian penal code, is explained as: “Any person who unlawfully and carnally knows any girl under the age of 16 years is guilty of a felony and is liable to imprisonment for life.”

The fifth chapter focuses on ‘Evidence: How do police deal with rape and defilement?’ The author, in this chapter, explains corroborative evidence, as well as the withdrawal of sexual cases from the police.

Incest and unnatural sexual intercourse feature in the sixth chapter, with the author giving a background of incest and unnatural sexual intercourse.

Also, with his vast experience in this area, the author gives some way forward for sexual offences in that country, which can also be applicable to other African countries battling an increase in sexual crimes. He focuses on raising the defilement age from 16 to 18, the defilement of boys, removal of requirement for corroborative evidence, minimum sentence for sexual offences, among others.

Chapter eight reveals the birth of the Victim Support Unit in 1994, although its operations actively started in 1997.

The author also highlights police statistics on sexual offences, HIV/AIDS as a result of sexual offences and sentencing sexual offenders, which in most cases, is done in the interest of the public so that people are protected from such vicious people. Sentencing is also to act as deterrent to future crimes.

The last chapter takes a look at sexual offences in other African countries like Botswana, Malawi, Kenya, Zimbabwe, South Africa and Nigeria.

While the definition for sexual offences are almost the same, the punishment defer from each of the countries; in Botswana, for example, any person charged with rape is not entitled to be granted bail, while upon conviction, can be sentenced to a minimum of 10 years imprisonment, or maximum of life imprisonment.

And in the case that the accused is HIV/AIDS positive, but does not know his status, then the minimum sentence is 15 years. However, if he is aware of his status, the minimum sentence is 20 years imprisonment. The author also includes the sentences for cases of defilement in Botswana.

However, in Malawi, convicted rapists are liable to be punished with the death penalty or with imprisonment for life.

In Kenya, defilement attracts 14 years imprisonment, while attempted defilement carries five years imprisonment with or without corporal punishment.

In Zimbabwe, just like in Kenya and Zambia, sexual offences with a minor (16) also carry 14 years imprisonment.

The author reveals that in South Africa, under the 1957 Act, rape is when a male person has unlawful and intentional sexual intercourse with a female without her consent. However, unnatural forms of sexual intercourse like sodomy, bestiality are not offences in South Africa., while the consent age for homosexual activities is 19 years and 16 years for heterosexual activities.

In Nigeria, under Section 218 of the Criminal Code Act (1990), defilement is said to occur when a man commits sexual offence against girls under 16 years of age.

Punishment for rape is liable to imprisonment for life, while attempted rape carries 14 years. The author also focuses on the Northern Nigerian penal code, which is the Shari’ah penal code for those who profess the Islamic faith.

Finally, in finding solution to sexual offences, one of the ways being suggested is for suspects to be castrated. However, the author opposes this, as he believes some men will end up being castrated for an offence they did not commit. He, however, agrees that the maximum sentence of life imprisonment will be better.

The author also suggests a law against indecent exposure, as it has a bearing on rape, defilement and incest.

He also suggests that a law be passed where all sex offenders’ names can be put and be made to wear tracking device, which will help the police and other law enforcement officers identify them.

Odesola also said there should be access to information on the internet which will enable parents find out where and how many sex offenders are in their localities, among others.

At a time when cases of rape are increasing, this book is a must-read for law enforcement officers who deal with sexual offences, members of the judiciary and parliament, as well as non-governmental organisations (NGOs) on how to curb this crime in our societies.

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