CRIMINAL LAW — Offence of Rape — Essential Ingredient — Penetration
Principle Statement
The important and essential ingredient of the offence is penetration. It is also settled that sexual interference is deemed complete upon proof of penetration of the penis into the vagina. Proof of the rupture of the hymen is unnecessary to establish the offence of rape.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Ogunbayo v. State (2007) NLC-123-272-2005(SC) at p. 17; Paras A–D.
"The important and essential ingredient of the offence is penetration... It is also settled that sexual interference, is deemed complete, upon proof of penetration of the penis into the virgina. Proof of the rupture of the hymen is unnecessary, to establish the offence of rape."
Explanation / Scope
This principle establishes that penetration is the essential ingredient of rape, not the rupture of the hymen. The offence is complete once there is any degree of penetration of the penis into the vagina, however slight. Medical evidence of hymen rupture is not required; the victim’s testimony, if credible, can establish penetration. The principle prevents accused persons from escaping liability by claiming lack of full penetration or hymen rupture. It applies in all rape prosecutions. The court must be satisfied beyond reasonable doubt that penetration occurred, based on credible evidence. This reflects the modern understanding of rape and protects victims from unnecessary medical examinations.