Home VOL. 7 (2021) Surgical Castration as Punishment for Rape: A Step in the Right Direction...

Surgical Castration as Punishment for Rape: A Step in the Right Direction to Curb the Crime?

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Abstract

The search for legal retaliation to curb the menace of rape is as old as antiquity itself. Many Nigerian women, girls, toddlers, and even babies are daily raped and this recently made the Kaduna State Government adopt castration as punishment for perpetrators of rape. The scourge of rape had become unbearable not only in Kaduna State but also in other parts of the country. This paper discussed the theories of rape and explored recent cases of rape. The research methodology used is doctrinal to analyse the legal framework especially the newly enacted Kaduna state law. This study further discussed the effect of castration on other states and their possibility of adopting the new punishment. This paper recommends that the provisions of legislation such as the Criminal Code, the Penal Code, and the Violence Against Persons (Prohibition) Act be more gender-neutral to accommodate men and boys as capable of being raped and provide legal protection to them. This paper concludes that the Kaduna state law on castration of rapists is neither wrong nor dehumanizing as this is one of the assuring measures to protect potential victims from rape and deter potential sexual offenders.

Authors: Jessica Oga, Adekunbi Imosemi