A STUDY OF RAPE VICTIMS HANDLING AND MANAGEMENT IN FCT

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A STUDY OF RAPE VICTIMS HANDLING AND MANAGEMENT IN FCT,

ABSTRACT

A study is presented of the reported cases of child rape in Port Harcourt, the capital of Fct, Abuja in Nigeria. The conditions that make children, particularly females, more vulnerable to sexual abuse are explored. The organization of family life places children in a dependency cycle that makes rape both inevitable and invisible. Change that is responsive to family needs is more likely to have a positive effect in preventing child rape. Rape is an economically important activity which according to Becker (1968) is almost totally neglected by economist. This neglect makes economics of rape a relatively new filed for economic investigation that has been aided by the fact that in the last four decades, there has been an outstanding increase in criminal activities as some reports and studies have conferred in Nigeria (CLEEN, 2006: Motor, 2009 among others).

Factors affecting rape and determinants is closely related to poverty, social exclusion, income inequality, cultural and family background, religion, unemployment, education, age, gender, race, urbanization and a host of other economic and socio-demographic factors that influence the mind and behaviour of the individual in making decision (Buonanno and montolio, 2008: Gumus 2004; Motor, 2009; and Rustepeli and Ond, 2006). As such, criminal activities are not restricted to economic systems or to leadership styles. In addition, rapes are also not peculiar to level of economic growth and development. The study examined the cases and incidence of raping reported amongst middle age and young adult in Port Harcourt, Fct, Abujas. Rape can be defined in various ways but in most jurisdiction, it is defined as sexual intercourse or other forms of sexual penetration by one person (the accused) with or against another person (the victim) without the consent of the victim. A total of 100 respondents were systematically selected for this study and with the use of simple descriptive technique analysed. The outcome revealed that there are incidences of rape within the society which many said is criminal. There are strong indications that socio-cultural factors are part of the contributing factors. It recommended among other thing that perpetrators should be punished and victims should be well supported.

CHAPTER ONE

INTRODUCTION

1.1 THE BACKGROUND OF STUDY

Statistics on rape and other sexual assaults are commonly available in advanced countries and are becoming more common throughout the world. Inconsistent definitions of rape, different rates of reporting, recording, prosecution and conviction for rape create controversial statistical disparities, and lead to accusations that many rape statistics are unreliable or misleading.

A United Nations statistical report compiled from government sources showed that more than 250,000 cases of rape or attempted rape were recorded by police annually. The reported data covered 65 countries. In some jurisdictions, male-female rape is the only form of rape counted in the statistics. The attitude of the police in many countries often discourages victims from reporting rape: one study in Turkey found that 33% of police officers agreed with the assertion that “some women deserve rape” and 66% agreed that “the physical appearance and behaviors of women tempt men to rape.”

In many parts of the world, rape is very rarely reported, due to the extreme social stigma cast on women who have been raped, or the fear of being disowned by their families, or subjected to violence, including honor killings. Furthermore, in countries where adultery and/or premarital sex are illegal, victims of rape can face prosecution under these laws, if there is not sufficient evidence to prove a rape in the court. Even if they can prove their rape case, evidence during investigation may surface showing that they were not virgins at the time of the rape, which, if they are unmarried, opens the door for prosecution. Countries may or may not criminalize marital rape and in many countries which do criminalize it prosecutions for it are exceptionally rare. Due to prevailing social views, sexual activity in marriage is in many parts of the world considered an absolute right of the husband that can be taken with or without the consent of his wife. The very act of a woman refusing to have sex with her husband may be considered unthinkable: in one survey, 74% of women in Mali said that a husband is justified to beat his wife if she refuses to have sex with him. There are also significant differences in regard to the enforcement of rape laws in practice in different jurisdictions; although de jure a rape law may be applicable to any victim; de facto the enforcement of the law often excludes certain victims, such as prostitutes, women who were not virgins at the time of the rape, or other women with a ‘bad reputation’.

1.2 STATEMENT OF PROBLEM

The police force lacks training and expertise to prevent and to respond effectively to violence against women. The problem is compounded by attitudes towards women prevalent among male police officers. A woman who has been raped may be confronted by inferences that she was in some way responsible, for example, by questions and comments about her presence at the place where the rape occurred or about her manner of dressing. Such attitudes, coupled with the social stigma attached to rape, dissuade women from reporting the rape.

A woman high court judge told Amnesty International on condition on anonymity: “the police who are taking the report are often displaying discriminatory and dismissive attitudes towards the victim. They would challenge the rape victim by saying that she must have done something to the man and that she must have attracted him.” The state has a duty to ensure that violence against women is reported, recorded, investigated and prosecuted. The attitudes among male police officers, however, prohibit an effective response.

1. Lack of effective investigation and prosecution

According to The Public Officers Protection Act (CAP 379), a federal statute, section 1 ‘any action, prosecution, or other proceedings for any act, neglect or default against any public official pursued under law or while on public duty’must be initiated within three months after the alleged misconduct.(50) This act imposes limits on the period of time in which complaints can be made and this very short span of time would appear to limit the possibility of prosecution of public officials. Should traumatized victims not summon the courage to bring a civil suit or to complain to the police within three months, the possibilities of filing formal complaints against police or other state actors who may have committed rape are significantly restricted.

2. Lack of effective, independent police review body

Reluctance to report a rape by a police officer to a colleague of the alleged perpetrator is an important factor in the under-reporting of rape. Corruption within the Nigerian Police Force is widely acknowledged. Colleagues or relatives of the alleged perpetrator have in some cases employed threats or bribes in an attempt to secure withdrawal of the complaint.

Some allegations of rape are reviewed within existing internal police review systems and may result in internal disciplinary measures. Complaints are normally referred to either the Police Complaints Bureau or the “Orderly Room Trial” mechanism. In addition, a Police Service Commission was established by law in 2001. Current procedures, however, lack independence and are ineffective.

The public can report misconduct by the police to the Police Complaints Bureau, an internal investigation unit established in 2003, which is reported to have an office in each police station. In addition, so-called “human rights desks” were reported to have been established in some police stations in Port harcourt in June 2006 as part of a pilot project. There appears, however, to be little practical evidence of the work of the Police Complaints Bureau or the “human rights desks”. According to human rights defenders, where they exist, such mechanisms lack adequate resources and are inefficient.

The “Orderly Trial Room” is an internal police review mechanism – where complaints against police officers are examined by their peers. The panel established to review the complaint has a mandate to recommend disciplinary action, including dismissal, suspension and demotion, when referring the case to the Police Service Commission for decision. The orderly trial room panel lacks independence and impartiality: there is, for example, no mechanism to preclude participation of close colleagues of the alleged perpetrator. Amnesty International is aware of only one case where this mechanism has been used in a case of rape: that of two girls who were raped in Enugu, where two junior officers were dismissed from the police force and a senior officer suspended. Criminal proceedings were also brought. (This case is described above.)

The Police Service Commission is responsible for the appointment, promotion, discipline and dismissal of police officers below the grade of Inspector General of Police. It consists of a retired Justice of the Supreme Court or Court of Appeal, a retired police officer not below the rank of Commissioner of Police, and four members of civil society. Its mandate includes investigation of misconduct, separate from and parallel to criminal investigation. It cannot, however, refer cases to the courts for prosecution. Human rights organizations are concerned that, in practice, the Police Service Commission lacks both the political will and adequate resources to implement its mandate: complaints are reported to be referred back to the police for further investigation. It does not, therefore, provide an adequate independent mechanism to investigate allegations of rape by police officers. This led to a situation whereby Akhagbicha, G. (1886) in its “police and the society” Committed thus; a…but when a policeman refuses to show mercy and understand on the society that shelters, cloth and feed him, the society, then se the every language or means to condemn him, hence the general contempt for police in our society” still the mean of the force seem not to understand not like themselves. All these out together, weight down the overall statistical analysis of rape factors affecting in Fct, Abuja? And to what extend does this phenomenon affect police in rape detection and prevention?.

1.3 OBJECTIVE OF STUDY

The purpose of this is to identify the various statistical analysis of factors affecting rape in Fct, Abuja and its possible set backs and how it rendered Nigeria police to determined rapes of its principal functions or duties of rape prevention and detection ineffective, taking Fct, Abuja police Command Port Harcourt as a study post. It is also intended to find out how and to what extend statistical analysis is rape management performance has assisted the Nigeria police in Fct, Abuja in bringing the Rape wave of the State to the workable solution or method of detecting and preventing rape in this country as a whole by the entire Nigeria police force in Fct, Abuja.

1. To evaluate incidence of raping in Fct, Abuja.

2. To know the factors affecting statistical Analysis performance on the overall performance of the rape detection.

3. To assess the consequences of police present level of factors, on their acceptability by the members of the public.

4. To know the negative influence of the present level of police performance on detection of rape of rape in Fct, Abuja.

1.4 RESEARCH QUESTIONS

This study intends to address the following question;

(1) What are the factors affecting statistical Analysis performance on the overall performance of the rape detection?

(2) What are the consequences of police present level of factors, on their acceptability by the members of the public?

(3) What negative influence does the present level of police performance on detection of rape of rape in Fct, Abuja.

.1.5 RESEARCH HYPOTHESIS

It is the intention of the research to verify the following hypothesis.

H01: That a greater percentage of the factors affecting statistical management positions in the case of raped victims

H02: That lack of sufficient equipment apart from Communities equipment negatively affect the attitude of policemen detecting crimes.

H0: There is no significant relation between negative influence of the present level of police performance and detection of rape of rape in Fct, Abuja.

H1: There is a significant relation between negative influence of the present level of police performance and detection of rape of rape in Fct, Abuja.

1.6 SIGNIFICANCE STUDY

The significance of this study lies on fact that: finding of this research will serve as feedback to statistical Analysis factors affecting rape in Fct, Abuja both at federal. This study will also provided need information which as a reference, will assist both rape and government in policy formation.

The social factors used in the analysis are education and clearance rate. Education and do not significanctly explain rape.

Moreover, the study will serve as a source of information for researchers and the reading public as a whole may find need to know about the rape and how. Factors affecting the performance has adverse effects on managing their resources and it will enable them to appreciate the difficulties faced by them- the rape.

1.7 SCOPE OF THE STUDY

This study is centered on statistical analysis of reported cases of rape in Fct, Abuja)

.1.8 LIMITATION OF STUDY

Despite the limited scope of this study certain constraints were encountered during the research of this project. Some of the constraints experienced by the researcher were given below:

i. TIME: This was a major constraint on the researcher during the period of the work. Considering the limited time given for this study, there was not much time to give this research the needed attention.

ii. FINANCE: Owing to the financial difficulty prevalent in the country and it’s resultant prices of commodities, transportation fares, research materials etc. The researcher did not find it easy meeting all his financial obligations.

iii. INFORMATION CONSTRAINTS: Nigerian researchers have never had it easy when it comes to obtaining necessary information relevant to their area of study from private business organization and even government agencies. The newsmen in Fct, Abuja find it difficult to reveal their internal operations. The primary information was collected through face-to-face interview getting the published materials on this topic meant going from one library to other which was not easy.

Although these problems placed limitations on the study, but it did not prevent the researcher from carrying out a detailed and comprehensive research work on the subject matter.

1.9 DEFINITION OF TERMS

Rape: The concept of “Rape” is very relative, rape is a term widely used by law-persons to identify such act as embezzlement, forced sex, murder and robbery. However, in the concise Oxford Dictionary, Rape is referred to as acts punishable by Law” as a Major societal problem, many scholars have attempted its definition. Haralambo views rape as those activities that break the law of the Land and are subject to official punishment haralambo, 1980”406. Along this line of thought, Pail suggests that behaviour can only be considered a rape if it is contrary to any formal laws of society (Pail 1977:328) cited in Jwarimie Jaja (2000), Thus, in societies where there is existence of laws against such behaviour as prostitution, homosexuals, alcoholism, stealing, embezzlement, suicide, homicide and arson, person whose behaviour go contrary to the rules of law are most likely to prosecuted, and if found guilty, they are convicted for a period stipulated by such law, cited Jwarimie Jaja (200).

Rape: This is the criminal, forcible sexual intercourse without the consent of the individual.

Young men: These are male gender that fall under the age of 40 years which is early middle age or adulthood. Prevalence and types of rape: Recently, UNICEF commented that rape occur more on women and children in African conflict zones. It was no longer perpetrated by combatants but also by civilians. According to WHO (1997), rape is common in countries affected by wars and natural disasters, drawing a link between the occurrence of sexual violence with the significant uprooting of a society and the crumbling of the social norms.

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