By Pelumi Olajengbesi, Esq.
Rape is not only against women. The law recognizes that men too can be victims of rape.
Under the Traditional Position of law before the year 2015, rape was defined strictly as unlawful carnal knowledge of a woman or girl without consent.
That meant, in practice, men could not be recognized as victims of rape, only of “unnatural offences” (like sodomy under Section 214 Criminal Code).
However, in 2015 the Violence Against Persons (Prohibition) Act, 2015 (VAPP Act) was enacted which now broadened the definition of rape to mean.
“A person commits the offence of rape if he or she intentionally penetrates the vagina, anus or mouth of another person with any part of his or her body or anything else, without consent…”
This new position of the law is gender neutral and affects men and women alike.
If a woman or another man penetrates a man’s anus, mouth, or uses an object without his consent, it is rape.
If a man is deceived, drugged, intoxicated, asleep, or overpowered into sex, that is rape, even if his body responds physically, and he continues penetration after arousal.
A man’s erection is not consent. The male body can react involuntarily to sexual stimulation, but that does not mean he has agreed. Getting a man arouse through undue influence, fraud, pretending to be his wife, or pretending to assist him medically is rape.
Abuse of trust also counts. If a boss, spiritual leader, or anyone in authority pressures a man into sex, that is rape by undue influence.
Silence is not consent. If a man is too afraid, intimidated, or unable to say “Yes” freely, then sex in that situation is rape.
Pelumi Olajengbesi, Esq.
Managing Partner, Law Corridor
Member, Family, Succession & Wealth Management (FSW) Practice Group pelumi@lawcorridor.org
