Laws Guiding Rape and Sexual Abuse in Nigeria

Author: Janefrances Ugochi Ozoilo, MBBS, FMCPH, MSc (PH), PMP

Medical Reviewer: Azuka Chinweokwu Ezeike, MBBS, FWACS, FMCOG, MSc (PH)

Highlights

• Sexual abuse is widespread in Nigeria, affecting all ages and genders, with many survivors suffering in silence without help or justice.
• Women and girls across marital statuses commonly experience sexual abuse, and evidence shows boys and men are also affected but under-reported.
• Sexual abuse causes serious physical, mental, and social harm, including STIs, trauma, relationship breakdown, and poor daily functioning.
• Nigeria’s major laws define and penalise rape, child sexual abuse, trafficking, and related offences, with punishments ranging from fines to imprisonment.
• Enforcement of these laws remains weak due to under-reporting, legal gaps, poor forensic capacity, costs, delays, and inconsistent state adoption.
• The article aims to enlighten the Nigerian public on the available laws and their provisions.

Introduction

Favour’s Story

Favour got a job as a POS attendant in a small kiosk. At first, she was thankful that she could earn some money. But soon, she felt scared instead of relieved. Her boss's behaviour towards her changed. He would pat her shoulder, touch her back, and stand too close. Favour didn't want to lose her job, so she stayed quiet and forced a smile. She hid her discomfort and chose not to speak up. One afternoon, the harassment got worse and became a violation. Her boss forced himself on her. This left her shocked, embarrassed, and feeling unsafe. She was too afraid to talk about it. She told a friend about the incident, but calling it sexual abuse seemed too risky. She feared losing her job and not being believed.The trauma affected her life deeply. She started having constant headaches and stomach pains from anxiety. She struggled to sleep, often waking up from nightmares in a cold sweat. She lost weight quickly and wore loose clothes, trying to hide. Favour felt ashamed and wrongly blamed herself for the abuse. She had flashbacks and unwanted thoughts, making it hard to focus. Her self-esteem dropped and was replaced by anxiety and depression. She felt hopeless every day. She pulled away from friends and stopped going to youth group meetings. She lost trust in others; even friendly gestures seemed scary. She kept working at the kiosk but felt like a ghost”Sexual abuse is a major issue in Nigeria. 

Based on data from UNICEF, it is alarming to know that 1 in 4 girls and 1 in 10 boys experience sexual abuse. Unfortunately, less than 5% receive the help they need. Sexual abuse is a serious breach of human rights. It involves any sexual act or attempts without consent, such as unwanted touching, forced sexual acts, or being made to watch sexual content.

 In Nigeria, the Child Rights Act states that anyone under 18 cannot legally consent, so any sexual act with a minor is considered abuse. This article explains how the Nigerian law defines rape and its related crimes. It also aims to guide survivors, families, and communities to justice and prevention. There is a need to address this problem and ensure every survivor receives justice and support [1]. 

Sexual Abuse in Nigeria

The Nigeria Demographic and Health Survey (NDHS) 2024 found that 5% of females aged 15-49 years experienced sexual abuse. Across states in Nigeria, Bayelsa State has the highest number of reported cases, while Kebbi State has the lowest. The survey also found that, in addition to single women,  divorced, separated, and widowed women were also affected. This shows that sexual abuse exists across different marital statuses.

Most of the time, the abuser is someone the victim knows, like a current husband or partner. This makes the relationship and home unsafe. Many cases also involve former spouses or partners, showing that the threat can continue even after a relationship ends. For women who have never married and are not in relationships, about one-third of the abusers are strangers [2]. 

The NDHS 2024 statistics did not include sexual abuse against males. However, a study in Lagos that assessed sexual abuse in 400 males found that 13% said they were victims of child sexual abuse, and quite a number had experienced sexual harassment and sexual assault [3].

What is the impact of Sexual Abuse?

Sexual abuse has both immediate and long-term health risks that can deeply impact a survivor's life.

Physical Health

• Survivors are more likely to face unwanted pregnancies, which can lead to unsafe abortions or being forced to become mothers.
• There is a higher chance of getting Sexually Transmitted Infections (STIs), including diseases like HIV/AIDS.
• Sexual abuse can sometimes cause immediate physical injuries
• For female survivors, the trauma can cause complications during pregnancy and childbirth.

Mental Health

• Sexual abuse significantly increases the risk of developing severe mental health conditions, including Post Traumatic Stress Disorder (PTSD), depression and anxiety disorders, suicidal thoughts and self-harm. 
• The victim may develop low self esteem with feelings of shame and guilt, and difficulty trusting others. This can lead to self-destructive coping mechanisms, such as substance abuse (alcohol and drugs) and eating disorders. 
• They could also develop frequent mood swings, sudden outbursts, or emotional numbness.

Social Health

• Trauma often makes it hard for survivors to have healthy relationships.
• Survivors may struggle to trust others, particularly those in positions of authority or those close to them. This makes it difficult to form and keep close relationships. This can strain romantic, friendly, and family ties. 
• Feeling misunderstood or blamed can cause them to withdraw socially, increasing their emotional pain.
• Ongoing stress, like trouble concentrating, anxiety, and sleep problems, can also impact school and work. This can lower performance and attendance and sometimes lead to job loss or unfinished education.

Key Sexual Abuse Laws in Nigeria and their Provisions

Everyone needs to understand Nigeria's laws on rape and sexual abuse. 

For survivors, knowing the law helps them describe what happened and find help. They have the right to report the crime, ask for protection, and seek compensation. This knowledge also helps them access health, counselling, and legal services without feeling blamed. 

For the public, knowing the law helps them respond quickly and safely. They can protect the survivor, take the situation seriously, and connect them with the police, Sexual Assault Referral Centres (SARCs), or child-protection services.

 Communities that know the rules are more likely to believe survivors, keep them safe, and improve the justice system.

Violence Against Persons Prohibition Act, 2015 (VAPP) 

Section 1

• This section defines rape as any intentional penetration of the vagina, anus or mouth with any body part or object without consent. 
• The conviction for this crime is generally life imprisonment. 
• The court will usually award compensation to the victim by ordering offenders to pay money to the victims. This money helps victims cover medical bills, therapy, lost wages, or other crime-related costs. 
• The court will also demand that a sex offender register be kept. If the offender is less than 14 years old, it carries a sentence of 14 years in prison. 

Section 22

• This covers giving a victim a drug to enable sexual activity to make them unable to resist sex. This is a crime under VAPP, 2015. 
• The offender will go to prison for 10 years, pay a fine of ₦500,000 or do both.

Section 25

• In this section, incest is addressed. Sex with a close family member or family by marriage is incest, even if both people agree. 
• The least time in prison is 10 years. 
• If both are grown-ups who agreed with no force, the least amount of time in prison is 5 years.

Section 26 

• This section covers issues about indecent exposure, which is showing private parts to upset or tempt a person, or making someone touch for sexual pleasure. 
• This offence can be punished by at least one year in prison, a fine of at least ₦500,000, or both.

The VAPP Act is enforced by the federal government in the Federal Capital Territory. As of September 2024, 35 states in Nigeria have domesticated the VAPP Act. However, implementation varies, and some states have their own legislation with provisions similar to the VAPP Act. 

Criminal Code Act of Southern Nigeria, 1916

• In Southern Nigeria, the Criminal Code Act defines rape as engaging in unlawful sexual intercourse with a woman or girl without her consent, or when consent is obtained through threats, intimidation, deceit, or impersonation. 

• Committing rape under the criminal code leads to a life sentence. 

• Attempting to commit rape can result in up to 14 years in prison. 

• The law also covers indecent assault. If it is against a woman, it is a minor crime with up to two years in prison. If it is against a man, it is a more serious crime with up to three years in prison.

Penal Code of Northern States of Nigeria, 1959

• The Penal Code is applied in Northern Nigeria and defines rape as when a man has sex with a woman without her agreement.
• This includes when she is scared for her life, tricked, or if she is under 14 or not mentally sound. 
• Rape can lead to life in prison, and the offender will also pay a fine. 
• The law also punishes unnatural sexual acts with up to 14 years in prison. The penal code considers these unnatural sexual acts, like anal sex, and sex with animals (bestiality) as different from rape or indecent assault.
• Even if both adults agree, they can still be charged under this law because of moral reasons.
•  Indecent acts lead to seven years in prison if done without agreement or by force. 
• The law also recognises that an individual under 16 years of age cannot give consent to sexual acts.
• Section 282(2) of the Penal Code states that sexual intercourse by a man with his own wife is not rape if she has attained puberty. 

Child Rights Act, 2003 (CRA)

The Child Rights Act is a federal law that has been adopted by most states in Nigeria. As of 2023, twenty-five states in Nigeria have adopted the CRA 2003. These states are; Abia, Anambra, Bayelsa, Ebonyi, Edo, Ekiti, Imo, Jigawa, Kwara, Lagos, Nasarawa, Ogun, Ondo, Plateau, Rivers, and Taraba.

Section 31 

• This section addresses unlawful sexual intercourse with a child. Having sex with a minor is considered rape and can lead to a life sentence. 
• It does not matter what you think about the child's age or if you believe they agreed.

Section 32 

This talks about other forms of sexual abuse and exploitation. Any other sexual abuse or exploitation of a child, besides having sexual intercourse, can lead to up to 14 years in prison.

Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 (TIPPEA)

Section 13 

This section of the TIPPEA  prohibits all acts of human trafficking.

Sections 15-18 

• Bans activities related to sexual exploitation. 
• The law makes it illegal to recruit people for sexual exploitation, use children for sex work, get people to make pornography, run brothels, and organise travel for prostitution.
•  Breaking these laws leads to prison time and fines.

Cybercrimes Act 2015

• Section 23 of the Cybercrimes Act makes it illegal to make, share, send, get, or have child pornography using computers. 
• Making or sharing this material can lead to 10 years in jail or fines up to ₦20 million. 
• Getting or having it can result in up to 5 years in jail or ₦10 million fines. 
• Sending unwanted pornographic images can lead to 1 year in jail or ₦250,000 fines. 
• It is against this law to prepare, lure, or persuade a child online to engage in sexual or harmful activities, with penalties of up to 15 years in jail and large fines.

Challenges in the Enforcement of the Laws

• Few reports and abandoned cases 

Survivors rarely tell. Before a trial, cases are often withdrawn. UNICEF says only 0.9% of people accused of sexual assault face trial in Nigeria. Many bad acts are never reported. Others are settled in private.

• Irregular domestication and inconsistent implementation

The VAPP Act is not applied consistently in all states. Problems include a lack of political support, traditional practices, poor teamwork among groups, and a focus mainly on urban areas for awareness campaigns.

• Conflicting and outdated laws

The Criminal Code and newer laws, such as those derived from VAPP, coexist. Some areas of the Penal Code make exclusions for marital rape. This causes confusion for investigators, prosecutors, and judges [4].

• Cost barriers and delays in procedures 

Lack of legal facilities, planning problems, and breaks cause delays in investigations and prosecutions. Survivors also have to pay extra costs, like mobilisation fees and medical reports, which leads to them dropping cases or settling informally [5].

• Shortcomings in the policing and judicial sectors

Despite policies requiring sensitive handling of sexual abuse cases through Family Support Units, Gender-Based Violence Desks, and hospital teams, implementation is inconsistent. Many desks are understaffed, privacy is not assured, waits are long, and survivors often face untrained personnel, weakening trust and due process.

Available skills vary a lot depending on where you are. In urban areas, there are often skilled interviewers, better forensic evidence collection methods, and detailed records. But in rural or remote places, these might be missing, leading to inconsistent care.

• Forensic and medico-legal limitations

In most places, except for a few cities like Lagos with its DNA & Forensic Centre, there are not enough trained forensic experts, systems to track evidence, or DNA analysis tools. This makes the evidence unreliable. Late presentation to the hospital after a rape incident can affect the quality of forensic evidence as some of it may be lost because of the delay.

The Way Forward

Favour’s story is the typical pathway for victims in Nigeria, where they suffer in silence. This needs to change. There should be pathways created that provide the care and support victims need to speak up. 

Communities need to focus on survivors. For immediate assistance, survivors should be encouraged to visit special clinics or Sexual Assault Referral Centre (SARC). Communities, Institutions and social networks should: 

• Intervene, keep children safe, alert a parent or other responsible adult, and get in touch with SARCs, child protection, or NAPTIP/police gender desks. 
• Provide free counselling and safe housing if necessary
• Obtain protection orders for survivors. 
• Believe and support the survivor.
• Document information such as names, dates, and screenshots, and encourage them to report when they are ready.
• Adopt and fund VAPP/CRA, provide clear guidelines, and remove loopholes like marital-rape exceptions that weaken cases. 
• Police, prosecutors, healthcare workers, educators, and counsellors should use trauma-sensitive practices. 
• There should be a unified evidence kit and referral map across the country. Invest in SARCs outside cities, improve forensics, and set up digital tracking to prevent file loss.
• Schools and workplaces should offer bystander training, set up reporting systems, and enforce whistleblower protection policies.
• Collect data by gender, including for boys/men and keep an updated sex-offender registry. 

Conclusion

Sexual violence is common in Nigeria. Survivors continually need support to report abusers. We can help by listening to survivors and believing what they say. We can also connect them to Sexual Assault Referral Centres (SARCs). States should support the established laws against rape and sexual abuse to make these laws stronger. We need to fix gaps and improve forensic skills to ensure justice is served. By knowing the laws, speaking up, and following safe steps for survivors, we can stop the harm and hold people accountable. Together, we can make society safer and fairer.

References

[1]      WHO. Violence Against Women. Fact Sheet. Available from: https://www.who.int/news-room/fact-sheets/detail/violence-against-women

 [2]      Federal Republic of Nigeria. Nigeria Demographic and Health Survey. September 2024. Available from: https://dhsprogram.com/pubs/pdf/PR157/PR157.pdf

[3]      Ngini CJ, Odeyemi KA, Nwokoro CC. Knowledge, Attitude, and Prevalence of Sexual Violence Among Male Undergraduate Students in a Tertiary Institution in Lagos, Nigeria. Am J Mens Health 2025; 19: 15579883251350895. Available from: https://pubmed.ncbi.nlm.nih.gov/40558569/

[4]      Iloka C. Need For The Criminalization of Spousal Rape: The Legal Leeway. African Journal of Criminal Law and Jurisprudence. Available from:https://journals.ezenwaohaetorc.org/index.php/AFJCLJ/article/view/2534/2608 

[5]      Amakiri C. Delays in the Nigerian Criminal Justice System: Causes and Consequences. International Institute of Academic Research and Development; 11, Available from: https://iiardjournals.org/get/ijssmr/vol.%2011%20no.%206%202025/delays%20in%20the%20nigerian%20criminal%20351-359.pdf (2025)

Disclaimer:
The information provided on this website is for general educational and informational purposes only. It is not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Published December 3, 2025