By Emma Ogbuehi
Rapists in Kaduna State, now face the risk of castration, with the amended Penal Code 2020 signed into law on Wednesday by State Governor Nasir El-Rufai. This is aside convicts’ names being listed on the Sex Offenders Register that will be published by the Attorney-General and Commissioner for Justice.
The amended bill was passed into law last Thursday by the Kaduna State House of Assembly.
The development was disclosed on El-Rufai’s official Twitter handle @GovKaduna Wednesday night.
According to the Twitter post, “Malam Nasir @elrufai has signed the Kaduna State Penal Code (Amendment) Law 2020 which provides stiff penalties upon conviction for the rape of a child, including surgical castration for male convicts and bilateral salpingectomy for female convicts”
Similarly, a statement posted on the governor’s Facebook wall said “the amendment updates the penalties for the offence of the rape of a child, which include the punishments of surgical castration and bilateral salpingectomy for male and female convicts of child rape, and death.
The convicts will in addition, be listed in the Sex Offenders Register to be published by the Attorney-General of the state, according to the statement signed by the Governor’s Special Adviser on Media and Communication, Muyiwa Adekeye.
Adekeye said: “Following Malam El-Rufai’s assent to the amended law on 11th September 2020, the new law has come into effect in Kaduna State. It introduces stricter punishments than the previous law which carried a maximum penalty of 21 years imprisonment for the rape of an adult and life imprisonment for the rape of a child.
“Under the amended law, the punishment for the rape of a person older than 14 years will include surgical castration or removal of fallopian tubes, but the death penalty shall not apply. In cases where the rape convict is also a child, the court shall order an appropriate punishment under the Children and Young Persons Law Cap 26, Laws of Kaduna State 1991.
“While commending the members of the Kaduna State House of Assembly for passing the amendments, the Governor stated that these drastic penalties are required to help further protect children from a serious crime.
“The Kaduna State Penal Code (Amendment) Law 2020 amends the Penal Code Law (No.5) of Kaduna State, 2017 by substituting section 258 as follows:
Whoever commits rape of a child below the age of fourteen (14) years shall on conviction, be punished with Surgical Castration and death;
Whoever has sexual intercourse with a male child below the age of fourteen years shall be punished with surgical castration and death;
Where a female adult is convicted for the offence of rape of a child, the Court shall punish the accused with Bilateral Salpingectomy and death;
Where the victim is above fourteen years, the Court shall on conviction sentence the accused with a punishment of surgical castration and life imprisonment;
Where the convict is a child, the Court shall order as appropriate under the Children and Young Person Law Cap 26 Laws of Kaduna State 1991;
Where the victim is a child, the Court shall in addition to the conviction, order that the convict be listed in the Sex Offenders Register to be published by the Attorney General;
Where the Court is trying the offence of rape involving a child below the age of fourteen years, corroboration of a medical report shall be necessary.”
The measure is seen as a last ditch-effort by the government to curtail the incidence of rape in the state. The castration angle is also seen as a deterring measure to ex-convicts who on serving their prison terms, return to the sordid act even in greater ferocity. It is expected that the current stiffer penalties will make rapists withdraw from the act.
Residents of the state who spoke with our correspondent, lauded the governor for the action. Ibrahim Bature who lives in Rigasa area of the state, told TheNiche that whatever measure adopted to deter the rapists from violating their often young and innocent victims, should be supported by any right thinking member of the public. “We support the move. It is a step in the right direction”, he stressed. Mariam Husein, another resident of the state, stated that given the physical abuse and mental trauma the rapists subject their victims to, no punishment against them can be considered harsh. She asked the government to ensure effective implementation of the law.