Most advice for sexual assault survivors in Nigeria is tragically incomplete. It focuses on the immediate aftermath: go to the hospital, report to the police. While crucial, this is like telling someone who fell off a cliff to check for broken bones without telling them how to get rescued. The single most powerful step a survivor can take is to immediately contact a lawyer who understands the nuances of the Violence Against Persons (Prohibition) Act of 2015. This isn’t about suing for money; it’s about creating a legal shield that protects your rights, preserves evidence correctly, and forces the system to work for you, not against you.
The Legal System Is Not Your Friend, Until You Force It to Be
Survivors often believe that once a report is filed with the Nigerian Police Force, the wheels of justice will start turning automatically. This is a dangerous assumption. In reality, the system is overburdened, under-resourced, and can be frustratingly indifferent. A police report is a starting point, but without legal pressure, it can easily become just another file in a cabinet.
According to a 2018 report from the Rule of Law and Anti-Corruption (RoLAC) Programme, only a fraction of reported rape cases ever result in a conviction. The reasons are complex, ranging from poor evidence collection to societal pressure on the survivor to withdraw the complaint. This is where a lawyer becomes indispensable. We step in to ensure that the police take your statement correctly, that evidence is gathered in a manner that is admissible in court, and that the case is not unofficially “settled” or dismissed without your informed consent. We act as your advocate, making formal inquiries and ensuring every procedural step is followed, a crucial service we provide to clients across Nigeria.
Evidence: More Than Just a Medical Report
A medical examination is non-negotiable for your health and for evidence. However, legal proof of rape under Nigerian law, specifically the Violence Against Persons (Prohibition) Act 2015 (VAPP Act) and the Criminal Code Act, requires more than just medical findings. The prosecution must prove that sexual intercourse occurred without consent.
The most critical evidence is often lost in the first 48 hours, not because it disappears, but because no one with legal training is there to identify and preserve it.
This is where the “hot take” comes in: your lawyer is your most important evidence preservationist. We guide you on what constitutes evidence beyond the obvious. This includes:
- Digital Footprints: Text messages, call logs, social media interactions with the perpetrator before and after the assault can establish a timeline and context.
- Witnesses: Who did you speak to immediately after? A friend, a family member? Their testimony about your state of mind and what you told them is powerful corroborating evidence.
- Physical Items: Torn clothing, bedding, or any other object from the scene should be preserved. Do not wash them. A lawyer will advise on how to handle these items and ensure they are submitted to the police with a proper chain of custody.
A 2021 study highlighted that poor handling of evidence is a primary reason for failed prosecutions. A lawyer ensures the right questions are asked from the very beginning, turning a traumatic event into a prosecutable case.
Countering the “Shame and Blame” Culture with Legal Authority
One of the most insidious challenges survivors face is the societal pressure to remain silent. Families, fearing stigma, may discourage legal action. The perpetrator or their family might resort to intimidation or offer informal “compensation” to make the problem disappear. This is not just unjust; it can be illegal.
Engaging a lawyer sends a clear, unambiguous message: you will not be silenced or intimidated. Legal representation acts as a formal barrier. All communication must go through your counsel. This protects you from harassment and manipulation. The United Nations has repeatedly noted that ending impunity for sexual violence is key to stopping its cycle. By pursuing legal action, you are not just seeking justice for yourself; you are contributing to a systemic shift.
Our work with various clients, from individuals to public and private companies where workplace incidents occur, shows that a formal legal response is the most effective deterrent. It moves the conversation from the realm of shame and gossip into the structured, evidence-based arena of the law.
The VAPP Act: A Powerful but Underused Sword
The Violence Against Persons (Prohibition) Act of 2015, applicable in the FCT and adopted by numerous states, is a revolutionary piece of legislation. It provides a broader definition of rape and sexual violence and mandates protection orders for survivors. Section 1(1) of the Act stipulates life imprisonment for the crime of rape.
However, a law is only as strong as its implementation. Many are simply unaware of their full rights under the VAPP Act. For instance, it provides for a registry of sexual offenders and allows for compensation to be paid to survivors from the perpetrator’s assets. A lawyer’s job is to wield this act as both a sword and a shield, ensuring you benefit from every protection and remedy it offers. A comprehensive guide from the Nigerian Institute of Advanced Legal Studies details the innovations of the VAPP Act, yet its potential remains largely untapped without expert legal guidance.
The VAPP Act isn’t just a law; it’s a complete survivor support system codified. But you need a key to unlock it, and that key is a lawyer.
Navigating the aftermath of sexual assault is not a journey to be taken alone. The legal system in Nigeria has the tools to deliver justice, but they must be activated with skill and authority. Your first call should not just be for help, but for a specific kind of help: a legal advocate who will stand with you from the moment you report until the moment justice is served.
At Ardnas Legal, we believe in providing that fierce, informed advocacy. If you or someone you know needs to understand their rights and options, contact us for a confidential consultation. We are here to ensure your voice is heard and your rights are protected.
FAQ
What is the very first thing I should do if I am raped?
Your immediate safety and health are the priority. Get to a safe place away from the perpetrator. As soon as you can, go to a hospital or a Sexual Assault Referral Centre (SARC) for a medical examination. Do not bathe, douche, or change your clothes beforehand, as this can destroy crucial evidence. After seeking medical attention, contact a lawyer immediately.
Do I have to report the assault to the police?
While reporting to the police is necessary to initiate a criminal case, the decision is yours. A lawyer can explain the legal process, your rights, and the potential outcomes without any pressure. They can also accompany you to the police station to ensure your report is taken seriously and correctly, which can make the process less intimidating.
What if the rape happened a long time ago?
In Nigeria, there is generally no statute of limitations for criminal offenses like rape. This means you can report it and pursue a case at any time. However, prosecuting a case after a significant amount of time can be more challenging due to the loss of physical evidence and fading memories. A lawyer can help assess the strength of your case based on the available evidence, such as digital communications or witness testimony.
What does the VAPP Act do for survivors?
The Violence Against Persons (Prohibition) Act of 2015 provides extensive protections. It establishes a Sexual Offender Register, allows courts to issue protection orders to keep the perpetrator away from you, and provides for financial compensation for survivors. It also has a broader definition of sexual offenses. A lawyer is essential to ensure you access all the remedies available under this powerful law.
How much does it cost to hire a lawyer for a rape case?
Costs can vary. However, many lawyers and organizations offer pro bono (free) or subsidized legal services for survivors of sexual violence. Organizations like the International Federation of Women Lawyers (FIDA) Nigeria often provide free legal aid. At Ardnas Legal, we are committed to access to justice and offer confidential initial consultations to discuss your specific situation and options.
Can I sue my attacker in civil court in addition to the criminal case?
Yes. A criminal case is brought by the state to punish the offender. A civil case is brought by you, the survivor, to seek monetary damages for the physical and emotional harm you have suffered. The two cases are separate. You can pursue civil claims for compensation. A lawyer can advise you on the feasibility and strategy for pursuing a civil lawsuit alongside the criminal prosecution.
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About the author
Sandra Adeniran
Principal Partner
Adebola Adeniran is the Founding Partner of Ardnas Legal Practitioners. She is a dynamic and forward-thinking lawyer with a passion for providing innovative legal solutions to businesses and individuals. Adebola combines deep legal expertise with a practical, business-oriented approach, ensuring that clients receive advice that is both strategic and actionable.
