Rape under the Violence Against Persons (Prohibition) Act 2015: An Appraisal

Abstract

This paper provides a critical appraisal of rape under the Violence Against 
Persons (Prohibition) Act 2015 (VAPPA) within the broader context of Nigerian criminal law. Historically, rape jurisprudence in Nigeria, derived from the Criminal Code and Penal Code, was gendered and restrictive—permitting only male perpetrators and female victims through penile-vaginal penetration, while exempting marital rape. The VAPPA 2015 introduced transformative reforms by adopting a gender-neutral definition, expanding the concept of penetration to include the mouth and anus, and recognizing rape by any body part or foreign object. Using doctrinal legal methodology, this paper examined the VAPPA's provisions alongside the Criminal Code, Penal Code, Child Rights Act, and Cybercrime Act, analyzing judicial interpretations and persistent legal challenges. It found that while the VAPPA represents significant progressive reform, critical gaps remain: the preservation of the marital rape exemption, the non-statutory but persistently applied corroboration requirement, and implementation challenges across jurisdictions that have not domesticated the Act. The paper recommends legislative amendment to criminalize marital rape, 
judicial training on the VAPPA's expanded provisions, harmonization of 
conflicting statutory ages of consent, and enhanced victim protection 
mechanisms to align Nigerian law with contemporary understandings of sexual violence as an offence against bodily integrity rather than gender-specific morality.