INTRODUCTION
Rape is an odious and traumatic crime that violates the bodily dignity of its victim(s). The pursuit of justice in rape cases is often loaded with challenges, particularly when it comes to proving the crime. In recent years, role of medical evidence in proving rape has been a contentious subject. Although, medical evidence massively laden with weighty insights of a crime (hereinafter referred to as RAPE), thus, the question remains: is medical evidence enough to prove rape?
In the light of the foregoing, this writer intends to delves into analyzing the legal standard surrounding medical evidence in rape cases, analysing its strengths, limitations, and implications for the pursuit of justice.
WHAT ROLE DOES MEDICAL EVIDENCE PLAYS IN RAPE CASE?
The proper aggregation of evidence (be it forensic or physical) in rape case entails the gathering and documentation of all evidence related to the offense. The collection of such evidence exists in Three major forms;
Pathological
Medical Examination
Forensic Specimens Collection.
However, this writer tends to deal with the medical examinations – This relates to the clinical examination and documentation of a victim(s) by a qualified physician. It is mostly done by conducting a full-body physical examination or an isolated examination of a specific body area.
According to Archibald, a renowned English jurist, in his book “Criminal Pleading, Evidence and Practice” (2018), identifies the roles of medical evidence plays in rape case:
“Medical evidence is of paramount importance in cases of rape… It serves to corroborate the complainant’s testimony, and may provide evidence of recent sexual intercourse, and of the use of force or violence.” (p. 457)
Based on the above brilliant view, it is the view of this writer that the role of medical evidence in rape case are:
Corroborating the victim’s testimony;
Documenting injuries;
Collecting forensic evidence;
Determining sexual intercourse; and
Assessing the victim’s mental and emotional state
THE ANALYSIS OF THE ARTICLE
According to Sir Matthew Hale, an English jurist and lawyer – he once remarked on why rape cases should be considered as strict and upkeep:
“Rape is a crime not of lust, but of violence, aggression, and power. It is a form of domination, control, and subjugation, and it should be treated as such.”
Hence, the position of law in rape case is very fundamental and straightforward. However, having painstakingly read the recent supreme court decision of SANI v. STATE (2023) 2 NWLR (Pt. 1867) 77, I have come to appreciate how His Lordship Muhammad Lawal Garba JSC elaborated on methods of proving guilt of an accused person who happens to be a rapis.
His Lordship wordings: “The guilt of an accused person can be established in one or more of the following ways:
(a)Confessional statement of the accused person.
(b)Circumstantial evidence.
(c)The testimony of eyewitnesses or eyewitnesses.”
To ease the above term ‘circumstantial evidence’, which happens to be the second way according to the above wordings of His Lordship; the case of IGHODARA v. THE STATE (1978) 3 SC 45 answered the term through Honorable Justice Eso Kayode J.S.C. (as then he was) thus held:
“…..evidence which, while not directly proving the fact in issue, indirectly proves it by establishing a set of circumstances which, taken together, lead to the conclusion that the fact in issue exists or existed.”
This is, however, not unconnected with the way John O. Savino and Brent E. Turvey analyzed on the term ‘circumstantial evidence’ and how connected it is to medical evidence:
“Circumstantial evidence, including medical evidence, can be used to establish the elements of the crime, such as lack of consent, force, or injury… Medical evidence, such as injuries, DNA, or toxicology results, can be used to corroborate the victim’s account and establish the defendant’s guilt.” [Rape Investigation Handbook. (Page 145)”]
Furthermore, I truly admire His Lordship Fatayi-Willaiams’s submission in the case of IGHO v. STATE (1978) 3 SC 42 where he held on the position of law on medical evidence:
“medical evidence is not conclusive proof of rape, but rather corroborative evidence.” – (of blessed memory to his Lordship).
Base on the above premise, what is the wordings of the Nigerian Evidence Act 2011 in the regard on whether medical evidence is enough to prove rape?
Section 198 (1) of the Evidence Act provides:
“An accomplice shall be a competent witness against a defendant, and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice:
Provided that in cases when the only proof against a person charged with a criminal offence is the evidence of an accomplice, uncorroborated in any material particularly implicating the defendant. the court shall direct itself that it is unsafe to convict any person upon such evidence.”
From the forgoing provisions, it therefore means that medical evidence alone can not prove a rape case.
Besides, the case of ISHAYAKU HABIBU v. STATE (2024) 6 NWLR (Pt. 1935) 483 has answered the thorny question on whether medical evidence is mandatory? The supreme answered that Medical evidence in rape cases is not SINE QUA NON for the conviction of an accused person.
The apex court proceeded and held that since the burden of proof lies on the prosecution; himself or his legal representative ought to:
“…..prove the guilt of the accused person beyond reasonable doubt through eye witness testimony, confessional statement and/or circumstantial evidence. As long as that is done, the accused person cannot complain because it does not lie in the accused person’s mouth to dictate to the prosecution how to conduct its case.”
Importantly, a medical evidence only confirms that a rape crime was committed, but doesn’t convict the defendant, thus, the Court of Appeal of Nigeria through His Lordship Kutigi JCA (As then he was) answered on the admissibility of corroborative evidence in the case of IGBINE v. STATE (1997) 9 NWLR (Pt. 519) 101 held:
“…..that corroborative evidence must be evidence which confirms in some material particular not only that the crime has been committed but also that it was the accused who committed it.”
See also the decision of the Supreme Court of Nigeria, the case of DANLADI v. STATE (2019) 16 NWLR (Pt. 1698) 342 through Late Honorable Justice OYEBISI FOLAYEMI OMOLEYE, J.S.C.
The Supreme court submitted with unwavering certainty on nature of corroborative evidence and thus held:
“that corroborative evidence must be evidence which confirms in some material particular not only that the crime has been committed but also that it was the accused who committed it. In the instant case, assuming without conceding that the medical report amounts to corroboration of the act of the rape as narrated by the victim, the same report does not in any way corroborate her story that it was the appellant who has raped her. It was not a situation where evidence shows that both the victim and rapist have venereal infection.”
CONCLUSION
Hence, for clarity of purpose, it is my humble submission that a medical evidence is not enough to prove rape case having regards to the case of SANI v. STATE (2023) 2 NWLR (Pt. 1867) 77 where the Supreme Court provides ways of proving rape cases.
Consequently, I stand by my opinion that medical evidence is not enough to prove rape case, however, an evidence can only be admissible when it comes by way of corroborative evidence as clearly stated in Section 198 (1) of the Evidence Act which provides:
“An accomplice shall be a competent witness against a defendant, and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice:
Provided that in cases when the only proof against a person charged with a criminal offence is the evidence of an accomplice, uncorroborated in any material particularly implicating the defendant. the court shall direct itself that it is unsafe to convict any person upon such evidence.”
Finally, it is humbly submitted that medical evidence alone can not prove in rape case; this is because, the law required that such evidence much be corroborated with a confessional statement of the accused person and a testimony of eyewitness or eyewitnesses.
ABOUT THE AUTHOR:
Sani Abdullahi is a law student who writes from Ahmadu Bello University, Zaria. You can reach him out on Phone: 09125630290, Email Address: saniabdollahy@gmail.com
