Committing incest with a woman or girl-child
Incest is a sexual intercourse between persons so closely related that they are forbidden by law to marry each other. Incest is human sexual activity between people in consanguinity (blood relations) and sometimes, those related by affinity (marriage or step family), adoption, clan or lineage.
It is a crime in Nigeria by virtue of Section 3, subsection 1, sub-sub section b of the Matrimonial Causes Act. Also, Section 33 of the Marriage Act forbids sexual relations and marriage among people who are related by blood. It is captured as “Prohibited degree of consanguinity.” Incestuous relationships or marriages are further prohibited in the 1st Schedule (Section 3) of the Matrimonial Causes Act, Cap 220, Law of the Federation of Nigeria (LFN) 1990, where it lists the prohibited degree of consanguinity to include that between father and daughter, mother and son, brother and sister, uncle and aunt, niece, and nephew.
We believe that when a child is involved, the appropriate word is Child Defilement and the above provision in Child Defilement in this app will apply as a child cannot give consent to any form of sex, familial or otherwise.
Safety tips for a child against incest:
• The child should be taught how to identify the abuser in all circumstances, and taught anyone may try to abuse them not just people they don’t know.
• They must be taught that a stranger is anyone they cannot vouch for including ‘family’.
General safety tips against incest:
*Avoid dressing/ undressing in the presence of a family member of the opposite sex.
*Reporting suspicious sexual advances made by a relation to older members of the family.
*Self-defense where necessary.
*Making an arrest.
Penalty: (State applicable laws and jurisdiction)
Again, Section 214 (3) of the Criminal Code Act, Caption 77, Law of the Federation of Nigeria (LFN) prescribes a minimum of 14 years imprisonment for those found guilty of incestuous liaison, which it referred to as “offence against morality
Section 390 of the Penal Code provides that the offender shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
In Cross river state, any male person found committing the offense of incest is guilty of a misdemeanor and liable to an imprisonment of 5years. If the victim is below 11 years, he is guilty of a felony and liable to an imprisonment of 14 years. An attempt to commit incest attracts an imprisonment of 2 years.
We believe that when a child is involved, the appropriate word is Child Defilement and the Child Defilement as provided in this app will apply.