LEGAL PRINCIPLE: CRIMINAL LAW — Rape — Proof of Penetration — Requirement of Evidence Linking Accused to Penetration
PRINCIPLE STATEMENT
Whether the victim is a minor or an adult, there must be proof of penetration, and that penetration of the vagina must be linked to the accused.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Jegede v. State (2001) NLC-1332000(SC) at p. 3; Paras A–B.
"Whether the prosecutrix was a minor or an adult there must first be proof of penetration and that penetration of the vagina must be linked with the appellant. There was no evidence before trial court to satisfy these requirements."
EXPLANATION / SCOPE
Proof of penetration is essential for rape conviction. The prosecution must prove that the accused’s penis penetrated the victim’s vagina. The evidence must link the accused directly to the penetration. Even for statutory rape (victim below age of consent), penetration must still be proved. The prosecution cannot rely solely on the victim’s age. Medical evidence may prove penetration, but other evidence may suffice. The standard of proof is beyond reasonable doubt. The principle protects against wrongful conviction. The court will not assume penetration from the victim’s age or injuries alone. The accused’s admission may suffice. The rule is fundamental to rape cases.