Legal Effect of Falsely Accusing Someone of Rape

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Debra Godwin

FICTIONAL STORY

Nneoma had harbored a secret crush on her father’s friend, Chukwuemeka, since childhood. When the opportunity arose, she chose to intern at his firm, hoping to get closer to him.

As she worked alongside Chukwuemeka, she tried to capture his attention, but he remained oblivious to her advances. Instead, he began to develop feelings for someone else, Amaka, and Nneoma felt a growing sense of anger and jealousy.

One day, Chukwuemeka invited Nneoma to a meeting at his office, but nothing out of the ordinary occurred. However, feeling rejected and humiliated, Nneoma fabricated a devastating accusation: she claimed Chukwuemeka had raped her in his office.

In Nigeria, the legal consequences for falsely accusing someone of rape  include:

Perjury: Under Section 117 of the Nigerian Criminal Code, making false statements under oath can lead to a fine or imprisonment for up to 2 years.

Felony: Section 125 of the Criminal Code Act makes it a crime to conspire with someone to falsely accuse an innocent person of a crime.

The punishment for this crime depends on the severity of the crime you falsely accused the person of:

– Life imprisonment if the crime is punishable by death or life imprisonment

– 14 years in prison if the crime carries a lesser prison sentence

– 7 years in prison for other crimes

Defamation: Under Nigerian law, making false and damaging statements about someone can lead to a defamation lawsuit, which can result in damages and costs.

Section 392 of the Penal Code Law states that defaming someone can result in a fine, imprisonment, or both.

Section 375 of the Criminal Code Act states that publishing defamatory material is a misdemeanor and can result in imprisonment for up to one year.

The accused may file a civil lawsuit against the accuser for damages, including emotional distress, loss of reputation, and financial losses.

Under the Violence Against Persons (Prohibition) Act (VAPP Act) 2015 in Nigeria, falsely accusing someone of rape can lead to the following consequences:

Section 8 of the VAPP Act provides that anyone who knowingly makes a false accusation of rape shall be liable to imprisonment for a term and a fine or both.

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