By Pelumi Olajengbesi, Esq.
Consent is everything. But consent obtained by fraud or undue influence is not valid. Sex in such circumstances is rape.
If a man tricks, manipulates, or pressures a woman into sex, that is rape under the law.
Having sex with a drunk woman is not safe under the law. Intoxication makes consent invalid. When she becomes sober, only her clear decision can confirm or withdraw consent. If she withdraws, it is rape.
Consent is not permanent. It can be withdrawn at any point, even during sex. Continuing after withdrawal amounts to rape.
If she says NO, but her body responds with wetness, moaning, or movement, that is a biological reaction, not consent. Proceeding despite her refusal is rape.
If she is saying “Stop” or “No”, proceeding further is rape under the law, regardless of her body’s response, even if the vulva and labia minora are wet or she is holding you.
When a lady says No before, but later gets drunk and says “Yes”, the law construes that as No, because intoxication removes the capacity to give valid consent.
The fact that a woman did not shout, struggle, or that her body reacted physically in an enjoyable manner does not amount to consent.
When a woman trusts her Pastor or Spiritual leader and agrees to have sex because of that trust, it is rape by fraud and undue influence.
Abuse of trust, whether as a pastor, doctor, teacher, or workplace superior to trick a woman into sex is rape under the law. This is also the case with celebrities.
Giving a woman money, buying food, or providing any material benefit before or after sex does not imply consent. Consent must be free, clear, and informed. Accepting money or gifts is not the same as agreeing to sex. Proceeding without her explicit consent remains rape under the law.
If a man is married but lies that he is single, or lies that he intends to marry a woman so she should have sex with him, that is fraudulent inducement. It can amount to sexual exploitation depending on the circumstances.
Authorities:
Section 1, Violence Against Persons (Prohibition) Act, 2015 (VAPP Act)
Section 357, Criminal Code Act
Section 282, Penal Code
Okoyomon v. State (2016) LPELR-40711(CA)
Pelumi Olajengbesi Esq. is a Legal Practitioner and the Managing Partner at Law Corridor. He writes regularly on law, policy, and governance.
