Silence is Not Golden: The Need for Accountability and Justice in Nigeria's Justice System for Sex-Related Crimes

Silence is Not Golden: The Need for Accountability and Justice in Nigeria's Justice System for Sex-Related Crimes

By Dr. Bright Oniovokukor 

In Nigeria's justice system, one area of criminality that has not received fair and objective attention is sex-related offenses. The challenge of providing evidence remains significant, and proving the facts is another obstacle. Despite having various laws in place to address these issues for many years, biases stemming from loud opinions, prejudice, nepotism, religion, and culture continue to hinder progress. This has perpetuated a culture of silence.

When a woman who has been sexually harassed decides to speak up, some people, including some who claim to be gender advocates, argue that the timing and circumstances are not ideal. They have used this argument to criticize Senator Natasha, claiming she spoke out at the wrong time and place. 

This raises questions: 

When is enough enough? 

Do offenders consider the time and location when committing these acts? 

Must victims anticipate these actions and gather evidence?

Sexual harassment can occur in seconds, and initial incidents may seem harmless, such as holding hands, spanking, or making suggestive remarks. 

If these actions become frequent and warnings are ignored, when does it become enough to warrant speaking out? 

Even if there was a prior relationship, doesn't the individual have the right to say they've had enough and want to end it? 

Must such actions be accompanied by threats?

If someone offers sex in exchange for money or favors, don't they still have the right to refuse, regardless of the offer? It's possible that an allegation of sexual harassment may arise when other issues are present, but each case should be handled on its own merit. This might be the opportunity for the victim to summon the courage to speak out.

In our justice system, cases of rape, sexual harassment, defilement, incest, and domestic violence are often neglected. Many are suppressed at the individual, family, community, police station, and court levels due to inability to prove the case or prejudice. Some still believe that a man cannot rape his wife, classifying such incidents as matrimonial.

The laws addressing sexual offenses have not been effectively enforced, failing to serve as a deterrent. The burden of proof placed on victims is discouraging, especially when these acts occur in private or unexpected situations. Addressing sexual offenses, which are prevalent yet neglected, would significantly improve our justice system.