Sexual violence: Civil societies list gaps, seek review of controversial bill

UCHE AKOLISA

Members of Civil society groups have called for a review of the controversial Sexual Offences Bill 2015 and its harmonization with existing laws to forestall its manipulation by perpetrators of sexual violence.

According to the members, although the intent and purpose of the bill which was sponsored by Senator Chris Anyanwu was good, it left gaps which could be exploited by perpetrators.

They made the call at a media forum with theme: “Discourse on New Sexual Offence Bill & NAPTIP ACT 2015:  Clearing the controversies,” held in Lagos recently at the instance of Media Concern Initiative, an NGO.

Some of the gaps identified by the activists include non-definition of who a child is (age),  breaking of offence of  sexual violence against a child into three categories , yet attaching the same punishment for all, the provision that a complainant gets same punishment as an offender if the allegation is false, exclusion of protection of the boy-child in the bill, non-provision for cases where the abuser and the abused are both minors.

Other grey areas identified include the provision that that deception or previous sexual relations with an accused can serve as defence for persons accused of sexual violence under the bill.

Speaking at the forum, the Executive Director, ACTS Generation, Laila St Mathew-Daniel, who noted that age was not mentioned in the controversial bill queried, “What is the age of the child who is defiled?”

She argued that the fact that the bill was silent on age left a “loophole” that can be manipulated by paedophiles.  She also faulted the provisions of 10 years imprisonment for incest which she said is inadequate for the serious psychological and physiological violation.

The Executive Director, Partnership for Justice, Itoro Eze-Anaba, faulted the provision that previous sexual relationship is defence in a rape case.

“ I do not agree with the  section that says it is not rape  if there  is previous sexual relationship? What if I had a sexual relationship with my colleague and he got promoted and I decide I don’t want to continue the relationship?“ she queried while calling for the harmonization of the bill with the Child Right Act.