Some Lagos-based lawyers have expressed concerns over the steady rise in cases of defilement of minors in the society, citing fear, silence and weak system of enforcement.
They told the News Agency of Nigeria (NAN) that although the provisions of Child Rights Act and other enabling laws spelled out sanctions for offenders, same was often neglected by perpetuators because they believe they can get away.
They, consequently, underscored the need for a child-friendly reporting mechanism, which would put victims at ease and assure them of justice.
In her contribution, Mrs Anne Agi, a member of the International Federation of Women Lawyers (FIDA) said that no matter how severe punitive laws were, they operated largely as reactive tools.
She noted that defilement thrived, in environments where prevention mechanisms were weak, adding that many offenders acted on the assumption that they would not be reported or prosecuted.
“In societies where silence, stigma and fear surround sexual offences, the deterrent effect of the law is significantly weakened.
“Again, underreporting remains a major challenge; defilement is often committed by persons known to the child, family members, neighbours, teachers, religious figures, or caregivers.
“Families sometimes choose silence over justice due to shame, fear of social backlash, pressure to settle privately, or economic dependence on the offender,” she stated.
According to her, in such cases, the existence of severe penalties does not come into play because the justice system is never activated.
Agi also identified that structural weaknesses in enforcement of the laws persisted, including delays in investigation, poor handling of evidence and lack of child-friendly reporting mechanisms.
She, therefore, noted that if victims were made to feel at ease with security agencies, it would help them open up more, as they would feel reassured of their welfare and security.
Also speaking, Adaobi Fortune, a gender advocate and member of the African Woman Lawyers Association (AWLA) noted that occasional compromise by law enforcement officers, were also responsible for eroding public confidence and emboldening perpetuators.
“Most times when you report these cases, police officers either mock the victims, blame them or tell them to go home and settle, terming it as a ‘family matter’.
“When justice is slow, uncertain and biased, potential offenders are less deterred and victims are less encouraged to speak up.
“Our law enforcement agents, especially the men, need to be more professional in handling sexual offences; training and retraining for them cannot be over emphasised,” she said.
Fortune also noted that cultural and patriarchal norms tend to normalise the sexualisation of children, especially girls.
She noted that in some communities, harmful beliefs about masculinity, entitlement and power over vulnerable bodies, was still in existence.
“Where child autonomy is not respected and children are taught obedience without empowerment, abuse becomes easier to perpetrate and harder to expose,” she said.
On her part, Mrs Loveth Peters, another member of AWLA, said that poverty and systemic inequality played a significant role in making the offence thrive.
According to her, children from economically vulnerable backgrounds are more exposed to abuse, whether through child labour, street hawking, domestic servitude, or transactional exploitation, disguised as care or assistance.
“There are several cases of female street hawkers being molested, when they go to sell their wares to males; the law punishes the act, but does not always address the social conditions that enable it,” Peters said.
She noted that there was a gap in sustained education and prevention, adding that law enforcement should be backed by enlightenment and vigilance.
“The law may punish offenders after harm had occurred, but without comprehensive sexuality education, child rights awareness, parental responsibility and community vigilance, the cycle continues.
“Many children do not even recognise abuse or know that they have a right to report it unless they are enlightened,” she said.
The female lawyers all believed that the persistence of defilement of minors was not a failure of the law alone, but a combination of failure of systems, culture, enforcement and prevention, all working together.
They argue that severe penalties were necessary, but must be complemented by strong reporting structures, child-centred justice processes, cultural reorientation, economic safeguards, as well as sustained public education.
Meanwhile, a rights activist, Mr Spurgeon Ataene, noted that cases of defilement of minors stroke at the very core of marital and conjugal inadequacies.
He noted that such cases were prevalent mostly in “acidic unions” whether under the act or native law and custom.
While noting that some reported cases of defilement were lies, he urged security agencies as well as rights group, to “filter” every information on defilement, so as not to endanger innocent citizens.
“Some of these cses arise from acidic relationship and they hold sway in the society; closely allied to this, are neighbourhood situations.
“For instance, a situation whereby there is bitter rivalry between neighbours, one wickedly set up their co-tenant, by sending his or her daughter to the man, for whatever reason and then, raise alarm to attract the public to a supposed case of defilement,” he said.
Ataene, consequently, urged investigating officers to ensure that every reported case of defilement was not one based on vendetta, witch-hunts or bitter rivalry.
“As professionals, they should know whether it is a fresh penetration, or she is used to it already, before the present claim, or if the penetration happened recently or long ago,” he said.
He also urged judges and the office of the Director of Public Prosecution (DPP) to endeavour to look at the files painstakingly, with a view to unearthing malice aforethought or actual crime.
