Gender issues: ANALYSIS OF NATIONAL POLICY ON HOUSING AND ITS IMPACT ON GENDER

Gender issues: ANALYSIS OF NATIONAL POLICY ON HOUSING AND ITS IMPACT ON GENDER

Gender issues: THE IMPACT OF NIGERIA’S INCREASING POPULATION ON BOTH WOMEN AND MEN

Gender issues: THE IMPACT OF NIGERIA’S INCREASING POPULATION ON BOTH WOMEN AND MEN

Gender issues: NIGERIAN NATIONAL POPULATION PLOICY 2006; A LOOK AT THE GENDER ISSUSES

Gender issues: NIGERIAN NATIONAL POPULATION PLOICY 2006; A LOOK AT THE GENDER ISSUSES

Gender issues: ISSUE OF BURDEN OF PROOF IN A RAPE CASE

Gender issues: ISSUE OF BURDEN OF PROOF IN A RAPE CASE

Gender issues: IMPORTANCE OF GIRL CHILD EDUCATION TO NATION BUILDING

Gender issues: IMPORTANCE OF GIRL CHILD EDUCATION TO NATION BUILDING

ISSUE OF BURDEN OF PROOF IN A RAPE CASE

What is Rape?

The crime of rape generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. A lack of consent can include the victim's inability to say "no" to intercourse, due to the effects of drugs or alcohol or threat. Rape can occur when the offender and victim have a pre-existing relationship or even when the offender is the victim's spouse.

Rape is said to occur when a man has sexual intercourse with a woman

1)      Against her will.

2)      Without her consent even if the consent is granted under duress.

A man is also said to commit rape if he has sexual Intercourse with a woman with her consent if he knows he is no her husband and consent is given because she believes he is the man to whom she is legally married to.

A man is said to commit rape with or without her consent if the woman is under 14 years or of unsound mind.

The criminal code provides the following terms as offence of rape.

“Any person who has unlawful carnal knowledge of a woman or man without his/her consent, if the consent is obtained by means of force, threat, intimidation, or by fear of harm, by means of false and fraudulent representation as to the nature of the act as in the case of a married woman by impersonating her husband is guilty of the offence called rape.”

Having defined rape and established that it is a criminal offence punishable under the law, what then is the burden of proof for a rape case?

Burden of proof

The burden of proof is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position. It is the obligation of a party on one side of a dispute or issue to provide sufficient evidence in support of their position.

The burden of proof may only be fulfilled by legal evidence.

The burden of proof is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, the best translation of which seems to be: "the necessity of proof always lies with the person who lays charges." This is a statement of a version of the presumption of innocence that underpins the assessment of evidence in some legal systems, and is not a general statement of when one takes on the burden of proof.

 The burden of proof tends to lie with anyone who is arguing against received wisdom, but does not always, as sometimes the consequences of accepting a statement or the ease of gathering evidence in its defense might alter the burden of proof its proponents shoulder. The burden may also be assigned institutionally.

He who does not carry the burden of proof carries the benefit of assumption, meaning he needs no evidence to support his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party.

The burden of proof is an especially important issue in rape case.

The burden of proof is the duty of one party in a legal case to convince the decision-maker (judge and/or jury) that their version of the facts is true.  The burden of proof is carried by the plaintiff in civil trials and the prosecution in criminal trials.  The burden of proof is much greater in criminal trials than it is in civil trials, largely because there is much more at stake- like the defendant’s liberties- in a criminal trial. 

Non-criminal in nature, civil cases involve conflicts between parties over property rights, personal injury, breech of contract, and the like.  In these cases, the plaintiff carries the burden of proof and must demonstrate their version of the facts to be true by a preponderance of evidence. 

 In layman’s terms, this burden of proof requires that the defendant prove that their argument is more likely to be true than false.  This is also called the balance of probabilities.  When a plaintiff wins a civil case, the courts will typically order the defendant to compensate the plaintiff for their damages.
 
The burden of proof in rape cases is much different for several reasons.  A defendant in a rape case often faces incarceration and the loss of many other civil liberties.  A criminal defendant is presumed innocent of the charges against them until they are proven guilty. 

Thus, the burden of proof is very high in rape cases.  Prosecutors must be able to prove their version of the facts beyond a reasonable doubt that the offender actually committed offence. 

In Rape cases, this burden of proof requires that the prosecution demonstrate the defendant’s guilt for each element of the crime beyond a reasonable doubt.  Beyond a reasonable doubt is considered synonymous to “a moral certainty.”  Through fair and thorough consideration of the admissible facts in a case, the judge or jury must be convinced beyond a reasonable doubt that the defendant is guilty of each element of the crime in order to convict the defendant. 

There are two general elements of a rape case that the prosecution must prove.  The first is that the defendant committed the criminal act(s) in question.  In Latin, this is called actus reus.  The burden of proof also requires that for each of these acts, the prosecution prove the defendant possessed a “criminal intention” called mens rea in Latin. 

Because the burden of proof rests on the prosecution, the defendant is not required to prove their innocence.  All the defendant has to do is argue that the prosecution has failed to prove their case.  Even when the prosecution has successfully argued their case, some criminal defenses may still be employed help a defendant avoid or mitigate punishment for their crimes. 

The burden of proof in criminal cases is high and provides some favor to the defendant in a case. Therefore burden of proof is upon the prosecution; that is, it is for the prosecution to establish the defendant's guilt. Therefore the prosecution must adduce evidence upon which, if it is accepted, a reasonable jury may convict.

The victim may be suffering from rape trauma syndrome and the broader clinical diagnosis of post traumatic stress disorder, which may render some victims emotionally incapable of providing a written statement shortly after an attack, or even for days or weeks.

In the  cases usually place the burden of proof on the prosecutor (expressed in the Latin brocard ei incumbit probatio qui dicit, non que negat, "the burden of proof rests on who asserts, not on who denies"). This principle is known as the presumption of innocence, and is summed up with "innocent until proven guilty," but is not upheld in all legal systems or jurisdictions. Where it is upheld, the accused will be found not guilty if this burden of proof is not sufficiently shown by the prosecution.
The presumption of innocence means three things:

1. With respect to the critical facts of a case the defendant has no burden of proof.
2. The state must prove the critical facts of the case to the appropriate level of certainty.
3. The jury is not to draw any inferences adverse to the defendant from the fact that he has been charged with a crime and is present in court represented by counsel to face the charges against him.

The presumption of innocence does not mean that the jury or anyone else must pretend or assume that the defendant is in fact innocent of the charges. Nothing the jury does can alter the fact that the defendant did or did not commit the offense.

IMPORTANCE OF GIRL CHILD EDUCATION TO NATION BUILDING

Education is central to development and improvement of the nation’s welfare.  It empowers people and strengthens nations.  It is a powerful “equalizer”, opening doors to all to lift themselves out of poverty.   Two of the eight MDGs pertain to education—namely, universal primary completion and gender parity in primary and secondary schooling.  Moreover, education—especially girls’ education—has a direct and proven impact on the goals related to child and reproductive health and environmental sustainability.  Education also promotes economic growth, national productivity and innovation, and values of democracy and social cohesion. Investment in girl education benefits the individual, society, and the world as a whole. Broad-based education of good quality is among the most powerful instruments known to reduce poverty and inequality. With proven benefits for personal health, it also strengthens nations’ economic health by laying the foundation for sustained economic growth. For individuals and nations, it is key to creating, applying, and spreading knowledge—and thus to the development of dynamic, globally competitive economies. And it is fundamental for the construction of democratic societies. The importance of girl child education in a nation’s welfare are:  Reduces inequality: Education is a great “leveler”, illiteracy being one of the strongest predictors of poverty. Primary education plays a catalytic role for those most likely to be poor, including girls, ethnic minorities, orphans, disabled people, and rural families. By enabling larger numbers to share in the growth process, education can be the powerful tide that lifts all boats.  Increases productivity and earnings: Research has established that every year of schooling increases individual wages for both men and women by a worldwide average of about 10 percent. In poor countries, the gains are even greater. Drives economic competitiveness: An educated and skilled workforce is one of the pillars of the knowledge-based economy. Increasingly, comparative advantages among nations come less from natural resources or cheap labor and more from technical innovations and the competitive use of knowledge. Studies also link education to economic growth: education contributes to improved productivity which in theory should lead to higher income and improved economic performance. Poverty-reducing effects: Education can vitally contribute to the attainment of the Millennium Development Goals. While two of the goals pertain directly to education, education also helps to reduce poverty, promote gender equality, lower child mortality rates, protect against HIV/AIDS, reduce fertility rates, and enhance environmental awareness.  Improves health and nutrition: Education greatly benefits personal health. Particularly powerful for girls, it profoundly affects reproductive health, and also improves child mortality and welfare through better nutrition and higher immunization rates. Education may be the single most effective preventive weapon against HIV/AIDS. Contributes to democratization: Countries with  smaller education gap between rates of boys’ and girls’ schooling tend to enjoy greater democracy. Democratic political institutions (such as power-sharing and clean elections) are more likely to exist in countries with higher literacy rates and education levels. Reduces women’s fertility rates: Women with formal education are much more likely to use reliable family planning methods, delay marriage and childbearing, and have fewer and healthier babies than women with no formal education. It is estimated that one year of female schooling reduces fertility by 10 percent. The effect is particularly pronounced for secondary schooling. Lowers infant and child mortality rates: Women with some formal education are more likely to seek medical care, ensure their children are immunized, be better informed about their children's nutritional requirements, and adopt improved sanitation practices. As a result, their infants and children have higher survival rates and tend to be healthier and better nourished. Lowers maternal mortality rates: Women with formal education tend to have better knowledge about health care practices, are less likely to become pregnant at a very young age, tend to have fewer, better-spaced pregnancies, and seek pre- and post-natal care. It is estimated that an additional year of schooling for 1,000 women helps prevent two maternal deaths. Protects against HIV/AIDS infection: Girls’ education ranks among the most powerful tools for reducing girls’ vulnerability. It slows and reduces the spread of HIV/AIDS by contributing to female economic independence, delayed marriage, family planning, and work outside the home as well as greater information about the disease and how to prevent it. Increases women’s labor force participation rates and earnings: Education has been proven to increase income for wage earners and increase productivity for employers, yielding benefits for the community and society. Creates intergenerational education benefits: Mothers’ education is a significant variable affecting children’s education attainment and opportunities. A mother with a few years of formal education is considerably more likely to send her children to school. In many countries each additional year of formal education completed by a mother translates into her children remaining in school for an additional one-third to one-half year.

 ORJI IFEOMA AMAKA