I received a message from a lady few days ago. She's relatively well known to me. The content of the message wasn't so pleasant. She had just returned from the police station and upon further enquiries she informed me that she lodged a complaint at the station few days earlier.
A summary of the gist is that she agreed to hang out with some old friends (male and female) after much pressure.
They had much to drink and eat. She got so drunk and lost control of her senses so the 'Good Samaritan' friends had to lodge ONLY her in a hotel and claimed that they had called the mum to inform her that she would not be coming home that night.
The following morning she woke up and found a 'used condom' in her hotel room and that got her worried. Her probe led her to the reception where she was informed that one of the 'friends' later came back to her room claiming to be her 'boyfriend'. So she had to lodge a complaint against the said man at the police station.
At this point, I was enraged. I have never condoned rape in my life and I have always condemned it with the last drop of blood in my veins. I became interested in the case and I swore to make the suspect spend the rest of his days in prison. The punishment for rape is life imprisonment and I swore to make him bag just that.
However, the lawyer in me urged me to pause for a while and 'cross-examine' this lady first. Lo and behold, the whole story started to change.
At this point, I was enraged. I have never condoned rape in my life and I have always condemned it with the last drop of blood in my veins. I became interested in the case and I swore to make the suspect spend the rest of his days in prison. The punishment for rape is life imprisonment and I swore to make him bag just that.
However, the lawyer in me urged me to pause for a while and 'cross-examine' this lady first. Lo and behold, the whole story started to change.
The first thing I did was to give her assurances that I was going to escalate the matter to the Gender department of the police and Domestic Violence and S#xual Offences unit of the relevant government. Expectedly, she was reluctant. She said that she didn't want the stigma and didn't want to send somebody to jail on her own account.
I'm used to such talks though. Africans and their warped up thought patterns that have over the years promoted rape, innit? I insisted, but she was reluctant. Then I asked her how many of them went out. She could not specifically tell me. I also asked her when last she saw these friends before that night. She said over ten years ago. Then I asked her, this suspect, was he also a friend? She answered in the negative.
He was 17 years older than her and he had a big bakery in her neighbourhood but he also hung out with them. Was he the oldest in the circle, no, there were older and younger men. Then remember that she said the friends spiked her drink? I asked her for the nature of the drink she had. It was only ONE bottle of canned beer. I asked her who opened the canned beer for her. She opened it and never left it with anyone. Then remember she also claimed that they ate? I asked her what she ate. She claimed that she ate three spoonfuls of fried rice with every other person in the group. 'What else did you eat?' "I ate shawarma" she retorted. Then, this shawarma, was it brought from outside? "No," she replied. The shawarma made prepared and served at the joint by the maker. Then at this point, I asked her, at what point was your food or drink spiked?
She was silent and said "I sha know that I lost control." She later mooted the idea of "maybe because I hadn't taken beer in a long while." Then I reminded her that she once claimed that she drank brandy and even "gosko" (only people of my generation will remember this name.) She claimed initially, that they mixed everything they took there with all sort of illicit drugs but she failed to substantiate her claims till this moment.
I was then like in your home, how often do you sleep outside? Do you sleep outside without having to call your mum to explain your absence? She then said that her friends called her mum. Two minutes later she claimed that her mum claimed that no one ever called her. Then I asked again, how well do you know these so-called friends? She went deaf and dumb.
Meanwhile, at that point I had to open up to her. I told her I was not convinced that she was telling me the truth. I may be wrong, she probably found herself at the wrong place at the right time or a wrong place at the wrong time and a man took undue advantage of her and she felt she could cash out by escalating the matter to the police when things didn't work out as planned. In any event, having unlawful carnal knowledge of a woman without her consent is rape and it is complete upon the penetration of the hymen by the p.nis. It is a serious offence and it can never be justified once the woman denies consent. It can keep a man behind bars for the rest of his life.
Let me quickly add the last word I read from her here: "Maybe I wasn't drug(sic) abi but how about the guy..." I simply typed and posted: "...just dey play."
Meanwhile, at that point I had to open up to her. I told her I was not convinced that she was telling me the truth. I may be wrong, she probably found herself at the wrong place at the right time or a wrong place at the wrong time and a man took undue advantage of her and she felt she could cash out by escalating the matter to the police when things didn't work out as planned. In any event, having unlawful carnal knowledge of a woman without her consent is rape and it is complete upon the penetration of the hymen by the p.nis. It is a serious offence and it can never be justified once the woman denies consent. It can keep a man behind bars for the rest of his life.
Let me quickly add the last word I read from her here: "Maybe I wasn't drug(sic) abi but how about the guy..." I simply typed and posted: "...just dey play."
I intend to follow up and rest assured that the concluding part shall be sent in soon.
She is probably trying to escalate it cos she did not get money or so.. Why not talk to the man and find out what happened? Maybe no one slept with her sef.
This may be a case of hookup gone wrong. Maybe the man didn't pay her the required amount and she decided to punish him.
ReplyDeleteThe lady hasn't said the truth of what exactly transpired. I'll be waiting for the concluding part of the story though.
ReplyDeleteI am too traumatized by all I'm facing today in this Naija that all I will say is everyone should be careful, I know Uncle Kunle will get to the bottom of the issue at hand with his lawyer's brain.
ReplyDeleteLawyers sees and hear things along oh, I will like to read the concluding part too.
ReplyDeleteIf the hotel staff can testify that she was not in her right senses when she was lodged alone by her friends and the man came back, it implies she wasn't conscious at the time the event took place, and that would be rape?
ReplyDeleteWhat kind of old friend would have 17 yrs on her in age and she had not seen them in 10 yrs? She was obviously not drunk enough to need to lodge in a hotel. The alcohol content of most beer hovers around 5% and with it being a diuretic it comes out fast. But the size of the bottle or can could be something She also ate which slows down alcohol absorption, so I do not think she was incoherent at any point. Why was she lodged at a hotel instead of going home? How did she get to the venue to begin with?
ReplyDeleteUnless she is a dead sleeper, some ppl are hard to wake up once they fall asleep. If she medically could prove having some condition like that she has no case, but how would she prove non-consent? Did the hotel staff provide the key when the person returned or did he have the key? They would roast her like corn on the stand on her testimony alone. A very interesting story.
I am intrigued to read the outcome.
I think the issue here is this " was she aware of the sexual activity and did she consent?
ReplyDeleteIf not, then it's rape.
Hmmmmmm
ReplyDeleteMy own part, oga lawyer follow it up and gist us so that our knowledge go dey expand.
ReplyDeleteThe man needs to be questioned.