Resistance Against Rape And Kidnapping In Nigeria: Justifying Lethal Self defence Against Violent Crimes
Abstract:Abstract
The spate of violent crimes, defined in this work as kidnap and rape (violent sexual assault} has risen in prevalence in Nigeria within the last decade, and especially, in the last five years, occurring as often as three out of every ten incidences of crime. Its prevalence has given rise to a self-defense strategy to defend either its occurrence, or defense of self where it occurs, thus raising pertinent issues of what judicial protection the law have for victims of violent crimes, who are able to overpower their assailants either causing grievous bodily harm (GBH), or even death. This article using the doctrinal approach analyzes the elements of self-defense and considers ongoing debate and judicial attitude of the courts as may be deciphered particularly in murder cases. The findings reveal that it is difficult to secure a conviction given the element of self-defense. The paper concludes and makes recommendations as to the best approach to be adopted with respect to victims of crimes of violence and their right to self-defense.
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