ISSUE: ON WHETHER RAPE CAN BE ESTABLISHED IF THE VICTIM IS STILL VIRGO INTACTA

 

NSEUDOH v. STATE (2021) 11 NWLR (PT. 1787) 235 @ 246 ( Paras. B-D) 

“I have outlined the essential ingredients of the offence of rape. And sexual intercourse is deemed complete upon proof of penetration of penis into vagina. It has been held that the slightest penetration constitute the act of sexual intercourse. The fact that the prosecutrix who is allegedly defiled is found to be Virgo intacta (i.e. a virgin) is not inconsistent with the partial sexual intercourse and the court will be entitled to find that sexual intercourse has occurred if it is satisfied on that point from all the evidence led and surrounding circumstances of the case where a penetration was proved but not of such a depth as to injure the hymen, was held to be sufficient to constitute the crime of rape.

In other words, proof of the rapture of the hymen is therefore unnecessary to establish the offence of rape.

See R.V. Marden (1897) 2 QB 149; Rutherford v. Rutherford (1923) A. E IC and Iko v. State (Supra).”

EXTRACTED BY DANIEL KIP