There is a case of two ladies who boarded a commercial motorbike and when they got to a lonely spot they forced the bike to stop and forced the rider to have sex with them in-turn at gun point. They were aware that they were HIV positive, how will the case be treated if they are apprehended? Anonymous
It has been said on few occasions in this column that the law as it is on rape at present only contemplates that it is a male that is capable of committing the act against a female.
The scenario that you described, either real or imagined, has ingredients of rape in the eye of a right thinking ordinary person. But in the eye of the law it is unfortunately not so, at least for now. Sometimes, the law is as it is and not the way it ought to be. That is why it is necessary to review some of our laws to reflect present challenges.
Those who drafted both the criminal and penal code probably did not anticipate that a time would come when females would sexually assault males physically. Curiously, one would have expected that the recent review of Lagos State Criminal Code would contemplate this and reflect it accordingly. But this is not too late as law review is a continuous exercise.
Back to the instant case, there are elements of other criminal offences in the incident. If the run-away HIV positive ladies are apprehended by the police, they are likely to face prosecution for being in possession of arms unlawfully since you said the motorcyclist was stopped at point.
Also, they are likely to be charged with indecent sexual assault similarly, they may equally to be charged with attempted murder since there was an obvious threat to life of their victim.
However, there is no law at the moment criminalizing willful spread of HIV by infected persons. For the umpteenth time, will repeat the provisions of the criminal code and penal code on rape.
According to Section 282 of the Penal Code: “A man is said to commit rape when he has intercourse with a woman in any of the following circumstances: a, against her will; b, without her consent; c, with her consent, when her consent has been obtained by putting her in fear of death or of hurt; d, with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; e, with or without her consent, when she is under fourteen years of age or of unsound mind.”
Similarly, Section 357 of the Criminal code, Laws of the Federation: defines rape as: “Any person who has unlawful canal knowledge of a woman or girl without her consent or with her consent, if the consent is obtained by force or by means of threat or intimidation of any kind, or by fear of harm, or by means of false or fraudulent representation as to the nature of the act, or, in the case of married woman impersonating her husband is guilty of an offence which is called rape.”