18/07/2026
Legal Opinion: Addressing Male Sexual Violence, Access to Justice, and Systemic Challenges in Nigeria
By Barr. Chukwuorji Igodo
Advocate for Justice and Human Rights
In recent times, the Nigerian justice system has been confronted with complex cases that test our legal frameworks, particularly around sexual offences involving male victims. One such matter involved the alleged r**e of a disabled man in Enugu State, where the nominal complainant the victim’s father reportedly withdrew the case following monetary compensation. This development raises profound questions about accountability, the protection of vulnerable persons, and the integrity of criminal prosecutions in our country.
Nigerian law has evolved to address sexual violence more inclusively. While older provisions in the Criminal Code and Penal Code traditionally focused on female victims, the Violence Against Persons (Prohibition) Act (VAPP) 2015 domesticated in Enugu and several other states marks a significant advancement. Section 1 of the VAPP Act defines r**e in gender-neutral terms: a person commits the offence of r**e if he or she intentionally penetrates the va**na, a**s, or mouth of another person with any part of his or her body or anything else, without consent or where consent is obtained by force, threat, intimidation, or other vitiating factors. This provision explicitly recognizes male victims and various forms of pe*******on, filling critical gaps in earlier legislation. Additional protections exist under indecent assault provisions, and the victim’s disability invokes safeguards under the Discrimination Against Persons with Disabilities (Prohibition) Act 2018, which demands heightened sensitivity and accommodations in proceedings.
Importantly, serious criminal offences like r**e are prosecuted in the name of the State, not private individuals. Victims or their guardians cannot unilaterally withdraw or “settle” such matters through monetary compensation. Such compounding of felonies undermines public interest and can itself attract legal consequences. Prosecutors and courts must prioritize societal protection, especially where vulnerable groups are involved.
Nigeria’s commitments under international instruments including the ICCPR, CAT, CRPD, and CEDAW require effective measures to prevent, investigate, and punish sexual violence against all persons, without discrimination based on gender or disability. International jurisprudence recognizes male sexual victimization as a serious violation that may amount to torture or inhuman treatment. States have a due diligence duty to ensure access to justice, particularly for persons with disabilities who face compounded vulnerabilities. The failure to fully prosecute such cases not only denies justice to the immediate victim but also deprives the legal system of opportunities to develop clear precedents on the ingredients of male r**e, evidentiary standards, and sentencing.
This scenario underscores a painful reality: poverty continues to impair access to justice in Nigeria. Economic pressures often lead families to accept settlements, allowing perpetrators to evade accountability. This is particularly troubling in sexual violence matters, where power imbalances, stigma, and under-reporting are already rampant. Men and boys who are victims deserve the same robust protection and societal support as female victims a principle of equality that strengthens, rather than diminishes, our collective fight against gender-based violence.
The justice system must respond with reforms including strengthened legal aid and victim support funds, witness protection programs, mandatory training for law enforcement and the judiciary on handling male victimization and disability cases, consistent domestication and enforcement of the VAPP Act nationwide, and public awareness campaigns to reduce stigma and encourage reporting.
As legal practitioners and stakeholders in the justice sector, we must advocate for a system that upholds the rule of law without compromise. Every victim, regardless of gender or physical condition, deserves full protection and remedies. Poverty should never determine outcomes in criminal justice. It is incumbent upon us the Bar, the Bench, civil society, and government to ensure that cases of this nature are prosecuted vigorously to build precedent, deter offenders, and affirm the dignity of all citizens.
True justice requires vigilance, empathy, and unwavering commitment to equity. Let us continue pushing for reforms that make access to justice a reality for every Nigerian, not a privilege for the few.
I welcome thoughtful engagement on these critical issues. How can we better strengthen protections for male victims of sexual violence while addressing systemic barriers like poverty?
Barr. Igodo Chukwuorji
Legal Practitioner | Human Rights Advocate | Championing Justice Reform in Nigeria