By Lawyer Ogunfuye Idirs Feyishola
Still on Baba Ijesha saga and according to the video released by the Punch online.
Here is my personal observations which could be different from yours
What Is Legal Definition Of Rape, Sexual Assault , Sexual Harassment And Child Molestation?
Rape And Sexual Assault
The terms rape and ‘sexual assault’ are used simply to differentiate between two types of offence. All rape and sexual assault is serious.
So what’s the difference?
The legal definition of rape is when a person intentionally penetrates another’s vagina, anus or mouth with a penis, without the other person’s consent.
Assault by penetration is when a person penetrates another person’s vagina or anus with any part of the body other than a penis, or by using an object, without the person’s consent.
The overall definition of sexual or indecent assault is an act of physical, psychological and emotional violation in the form of a sexual act, inflicted on someone without their consent. It can involve forcing or manipulating someone to witness or participate in any sexual acts.
What Is Sexual Harassment?
‘Sexual harassment’ is any form of unwelcome sexual behaviour that’s offensive, humiliating or intimidating.
What Is Child Molestation?
Child molestation is a very serious sex crime that can expose a defendant to extended jail term and a lifetime stigma.
The Department of Justice defines child molestation as contacts or interactions such as inappropriate physical contact between a child and adult where the child is used for the sexual stimulation of the perpetrator.
Case Of Sexual Harassment And Child Molestation
1. From what was said by the complainant, and, in the way I understand it, a 7 year old girl was raped in her house 7 years ago. She said she left the little girl with the accused for ‘only 3 minutes’, ONLY THREE MINUTES! The little girl was raped within that 3 minutes – that’s my number one observation
2. Assuming a 7 year old girl was raped by a 48 year old man, rape means forceful coitus, which means there was penetration. For a 7 year old, there will be blood.
So if you are the mother of a girl that has just been raped, and she isn’t crying or walking with a stagger and there is no blood dripping from her, something is wrong.
Apart from this, the act was performed inside your house, was there no drop of blood lying around, what about the girl’s pant or dress, no blood?.
How could you not know? Who washed the girl’s panties or clothes, did nobody notice any blood? The answer to this is that its either their was no rape or it was covered up.
3. The complainant said she asked the 7 year old girl if there is any problem at that time but the girl didn’t disclose that she was raped, but the complainant said she noticed that the little girl was failing at school, that was how she figured she had been raped.
There is no proven correlation between grades in school and rape. Failing in the classroom is an index of the home environment and a measure of APTITUDE. The fact that the little girl could not TRUST you enough to tell you she had been raped, speaks volumes of the bonding between you and the girl.
4. 7 years later, the girl now disclosed that she was raped, and she mentioned names. That was when you realized the named man has been avoiding you, and not taking your calls. Before then, you mentioned you recently divorced from your husband, and this named man is a good looking dude who still happens to be single.
There could be many reasons why a single man will avoid a single woman and vice versa. Anyone reading this will understand what I mean. So, I don’t think avoiding you has anything to do with rape or guilt.
5. Number 5: What did you do with the important information given by the young girl? Did you confront the named man? Did you go straight to the police? Did you report to your Association or the elders in your industry? NO
Instead, you set up a stage, you called the man and asked him to come to your house, set up CCTV cameras and left him with the child. You made sure the girl was wearing something sexy. In law, this is called ‘Preemptive Strike’, it is an actionable offence with severe consequences.
6. After the man had been played in, you came back into the house with some men, who wouldn’t show their face, we don’t know whether they are hoodlums or assassins, and whether they are carrying cutlasses or axes or other dangerous weapons.
(A) They put him under arrest (False Imprisonment),
(B) They thoroughly rough handled him (battery and assault),
(B) They forcefully interrogated him (Emotional Torture)
(D) They forced a confession out of him (Confession Under Duress).
Under what law are you doing these, these are actionable offences committed in that video by the complainant. If indeed you daughter has been raped, and the girl had come forward, you cannot take laws into your own hand, you go straight to the police, not as an afterthought.
7. It’s a bailable offence, and its an offence punishable by a Garnishee Order. He will be told to stay away from anywhere near the girl. Not more than that.
The police video says there is no penetration, no rape. The police said its a case of sexual harassment. This means he made passes at a minor, to which he himself had confessed. This is an offence no doubt.
8. She and her friends even went to the police demanding him to be permanently remanded against constitutional provisions.
How can you be the press, the police, and the judge in your own case. Why can’t they let police do their job.
Any person who sexually harasses another if guilty of a felony beyond reasonable doubt and is liable to imprisonment for three years in prison.
Any person who rapes children over 14 years if found guilty of first degree felony beyond reasonable faces 14 years in prison, instead of execution.
Someone’s career and emotional trauma of a teenager are on the line here.