CRIMINAL LAW — Corroboration in Sexual Offences — Requirement for Corroboration in Rape Cases — Whether Corroboration is Essential as a Matter of Law
Principle Statement
It is now settled that in legal parlance, any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act, is guilty of the offence of rape.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Ogunbayo v. State (2007) NLC-123-272-2005(SC) at p. 10; Paras A–C.
"It is now settled that in legal parlance, any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act, is guilty of the offence of rape."
Explanation / Scope
This principle defines the offence of rape and restates that corroboration is not essential as a matter of law. The definition of rape covers non-consensual intercourse and consent obtained through force, threats, intimidation, fear, or fraudulent misrepresentation. The focus is on absence of genuine consent. The principle confirms that the prosecution need not produce corroborative evidence to secure a conviction; the victim’s credible testimony suffices. However, the court must carefully assess the evidence and warn itself. The principle applies in sexual offence trials and represents the modern approach to rape prosecutions.
