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C 5153

[HB.12.03.273]

A BILL
FOR
AN ACT TO MAKE PROVISIONS GOVERNING SEXUAL
OFFENCES, PREVENTION AND THE PROTECTION OF
ALL PERSONS FROM UNLAWFUL SEXUAL ACTS,
AND FOR CONNECTED PURPOSES.

Sponsored by Han. Ezenwa Francis Onyewuchi


Commencement

BE IT ENACTED

by the National Assembly

of the Federal

Republic of Nigeria as folIows:

I. Notwithstanding the provision of any other enactment, person


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commits the offence of rape if:


-(1) (a) he or she intentionalIy and unlawfully commits an act
which causes penetration with his or her genital organs;

(b) the other person does not consent to the penetration; or

(c) the consent is obtained by force or by means of threats or

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intimidation of any kind.


(2) A person guilty of an offence under this section is liable, on
conviction on indictment, to imprisonment for life.
2. Notwithstanding

the provision of any other enactment, any

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person who attempts to unlawfully and intentionally commit an act which

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causes penetration with his or her genital organs is guilty of the offence of

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attempted rape and is liable upon conviction for imprisonment for a term

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which shal1 not be less than five years and may be sentenced

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imprisonment for life.

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Rap,

3. Notwithstanding

Attempted
rape

to

the provision of any other enactment, any

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person who commits the offence of rape under this Act in association with

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another or others, or any person who, with common intention, is in the

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company of another or others who committhe offence of rape is guilty of an

Gang

rape

THE SEXUAL OFFENCES BILL,2012

C 5154

2012

offence of gang rape and is liable upon conviction to imprisonment for life.
Sexual
assault

CUIllrc1kd 01
1l1UUCeU acts

4. Any person who unlawfully:

- (I) (a) touches another person with intent to commit sex;

(b) he or she does notconsentto

(c) penetrates the genital organs of another person with:

(i) any part ofthe body of another or that person; or

(ii) an object manipulated by another orthat person except where such

penetration

purposes;

is carried out for proper and professional

hygienic or medical

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(d) manipulates any part of his or her body or the body of another

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person so as to cause penetration of the genital organ into or by any part ofthe

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other person's body, is guilty of an offence of sexual assault.

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(2) A person guilty of an offence under this section is liable upon

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conviction to imprisonment for a term ofnot less than ten years and may be

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sentenced to imprisonment for life.

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5. A person who intentionally

and unlawfully

compels

induces or

causes another person to engage in an indecent act with:


(a) the person compelling, inducing or causing the other person to
engage in the act;

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(b) athird person;

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(c) that other person himself or herself:

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(d) an object, including any part of the body of an animal, in

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Scxu,il activity
with a child

the touching,

circumstances where that other person:

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(i) would otherwise not have committed or allowed the indecent act;

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(ii) is incapable in law of appreciating the nature of an indecent act, is

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guilty of an offence and is liable upon conviction to imprisonment for a term

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which shall not be less than five years.

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6.-(1) A person Who commits an act which causes penetration with a

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child aged Sexual activity with a child eleven years or less shall upon

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conviction be sentenced to imprisonment for life.

C 5155

TilE SEXUAL OFFENCES BILL, 2012

2012

(2) A person who engages in sexual activity with a child between


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the age of twelve and fifteen years is liable upon conviction be sentenced to

imprisonment for life.

(3) A person who engages in sexual activity with a child between

the age of sixteen and eighteen years is liable upon conviction be sentenced

to imprisonment for life.

7. -(I) Notwithstanding

the provision of any other enactment, a

person under 18 years of age commits an offence ifhe does anything which

would be an offence under Section 4 ifhe were aged 18.

young persons

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(2) Aperson guilty of an offence under this section is liable:

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(a) on summary conviction, to imprisonment for a term not

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exceeding 6 months or a fine not exceeding the statutory maximum or both;

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(b) on conviction on indictment, to imprisonment for a term not


exceeding 5 years.

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8. A person who:

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(a) manufactures

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Child sex
offences
committed by
children or

or distributes any article that promotes or is

Promotion of
sexual offences
with a child

intended to promote a sexual offence with a child; or

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(b) who supplies or displays to a child any article which is intended

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to be used in the performance

of a sexual act with the intention of

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encouraging or enabling that child to perform such sexual act, is guilty of an

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offence and is liable upon conviction to imprisonment for a term of not less

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than five years.


Child

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9. Any person who:

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(a) knowingly

trafficking

or intentionally makes or organizes any travel

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arrangements for or on behalf of a child within or outside the borders ofthe

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Federal

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commission of any sexual offence against that child, irrespective of whether

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the offence is committed;

Republic

of Nigeria,

with the intention

of facilitating

the

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(b) supplies, recruits, transports, transfers, harbors or receives a

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child, within or across the borders of the Federal Republic of Nigeria, for

TIIESEXUALUFFENCES

C 5156

BILL,2012

2012

purposes of the commission of any sexual offence under this Act with such

ChiJd

child or any other person,

is guilty of the offence of child trafficking and is

liable upon conviction to imprisonment

10. Any person who:

(a) knowingly permits any child to remain in any premises, for the

purposes of causing such child to be sexually abused or to participate in any

form of sexual activity or in any obscene or indecent exhibition or show;

fora term of not less than ten years.

PI'OS[I[Utlon

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(b) acts as a procurer of a child for the purposes of sexual intercourse


or for any form of sexual abuse or indecent exh ibition or show;

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(c) induces a person to be a client of a child for sexual intercourse or

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for any form of sexual abuse or indecent exhibition or show, by means of print

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or other media, oral advertisements or other similar means;

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(d) takes advantage of his influence over, or his relationsh ip to a ch iJd,

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to procure the child for sexual intercourse or any form of sexual abuse or

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indecent exhibition or show;

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(e) threatens or uses violence towards a child to procure the child for
sexual intercourse or any form of sexual abuse or indecent exhibition or show;
(t) intentionally

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Cillid
]lOrnu8r8phy

or knowingly

owns, leases, rents, manages, occupies

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or has control of any movable or immovable property used for purposes of the

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commission of any offence underthisActwith

achild by any person;

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(g) gives monetary consideration, goods, other benefits or any other

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form of inducement to a child or his parents with intent to procure the child for

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sexual intercourse or any form of sexual abuse

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commits the offence of child prostitution and is liable upon conviction to

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im prisonment for a tCn11 of not less than ten years.

Of

indecent exhibition

or show,

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II. -(1)Any person including ajuristic person who:

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(a) sells, lets to hire, distributes, publicly exhibits or in any manner

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puts into circulation,

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exhibition

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obscene book, pamphlet, paper, drawing, painting, art, representation or figure

or circulation,

or for purposes

of sale, hire, distribution,

makes, produces or has in his or her possession

public
any

THE SEXUALOFFENCES BILL,2012

2012

C 5157

or any other obscene object whatsoever which depict the image of any child;
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(b) imports, exports or conveys any obscene object for any of the

purposes specified in subsection (I), or knowingly or having reason to

believe that such object will be sold, let to hire, distributed or publicly

exhibited or in any manner put into circulation;

(c) takes part in or receives profits from any business in the course

of which he or she knows or has reason to believe that any such obscene

objects are, for any of the purposes specifically in this section, made,

produced,

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exhibited or in any manner put into circulation;

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purchased,

kept,

imported,

exported,

conveyed,

publicly

(d) advertises or makes known by any means whatsoever that an:

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person is engaged or is ready to engage in any act which is an offence under

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this section, or that any such obscene object can be produced from or

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through any person; or

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(e) offers or attempts to do any act which is an offence under this

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section, is guilty of an offence of child pornography and upon conviction is

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liable for imprisonmentto a term of not less than ten years without the option

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ofa fine.

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12.Anypersonwho:

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(a) intentionally causes or incites another person to become a

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Exploitation
of prostitution

prostitute; and

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(b) intentionally controls any of the activities of another person

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relating to that persons prostitution; and does so for or in expectation of gain

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for him or herself or a third person,

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is guilty of an offence and is liable upon conviction to imprisorunent for a

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term of not less than five years.

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13. -(l)Any person who being in a position of authority, or holding

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a public office who

persistently makes any sexual advances or requests

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which he or she knows, or has reasonable grounds to know, are unwelcome,

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is guilty of the offence of sexual harassment

and shall be liable to

Sexual

harassment

TilE SEXUAL OFFENCES BILL,20I2

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2012

imprisonment for a term of not less than three years or to a fine ofN500,OOO or

both.

(2) It shall be necessary to prove in a charge of sexual harassmentthat:

(a) the submission or rejection by the person to whom advances or

requests are made is intended to be used as basis of employment orofa decision

relevant to the career of the alleged victim or of a service due to a member ofrhe

public in the case ofa public officer;

(b) such advances or requests have the effect of interfering with the

alleged victim's work or educational performance

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working or learning environment

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or creating an offensive

for the alleged victim.

14.Any person who for cultural or religious reasons forces another

icii";()lIS

<JIlL", _'_,

\dmilllS(Crlllg
I ~llb"I:IIlCL'

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person to engage in a sexual act or any act that amounts .to an offence under this

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Act is guilty of an offence and is liable upon conviction

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term of not less than ten years.

to imprisonment

for a

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15. -(I) A person commits an offence if he or she intentionally

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administers a substance to, or causes a substance to be taken by, that person:

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knowing that the person docs not consent, and with the intention of stupefying

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or overpowering

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activity.

.vith mtcut

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:itlSmg or

the person, so as to enable any person to engage in a sexual

(2) A person guilty of an offence


conviction on indictment, to imprisonmcnt

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16. -(I) A person commits an

under this section

is liable on

fora term not exceeding-I 0 years.

offence ifhe or she intentionally causes

'ill11(', C
'[-S(IIL \\'Ili;

mcrual

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or incites a person with a mental disorder to engage in a sexual activity which

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such person is unable

;;)lc1<.'r to
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refuse because ofthcir mental incapacity.

"",1\ .
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snnx

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(2) II person guilty 01'an offence


conviction

to imprisonment

under this section is liable upon

for life.

18.::J:
I)Any male person who commits an indecent act or an act which
-c

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causes penetration

with a female person who is to his knowledge

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granddaughter,

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offence of incest and is liable to imprisonment

sister, mother, niece, aunt or grandmother

his daughter,
is guilty of an

for a term arnot less than ten

C 5159

THESEXUALOFFENCES BILL,2012

2012
years:
2

Provided that, ifit is alleged in the information

female person is under the age of eighteen years, the accused person shall be

liable to imprisonment

causes penetration

female person.

or charge and proved that the

for life and it shall be immaterial that the act which

or the indecent act was obtained with the consent ofthe

(2) Ifany male person attempts to commit the offence specified in

subsection

upon conviction to a term of imprisonment

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(I), he is guilty of an offence of attempted

incest and is liable

of not less than ten years.


Incest by
female
persons

19. -( I) Any female person who commits an indecent act or an,

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which causes penetration

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son, grandson,

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offence of incest and is liable to imprisonment

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years:

IS

Provided that, ifit is alleged in the information or charge and proved that the

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male person is under the age of eighteen years, the accused person shall be

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liable to imprisonment

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causes penetration

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male person.

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with a male person who is to her knowledge

brother, father, nephew, uncle or grandfather

her

is guilty of an

for a term of not less than ten

for life and it shall be immaterial that the act which

or the indecent act was obtained with the consent of the

(2) If any female person attempts to commit the offence specified

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in subsection (I), she is guilty of an offence ofattempted

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upon conviction to a term ofimprisonment

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incest and is liable

of not less than ten years.

20. -( I) In eases of the offence of incest, brother and sister includes

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halfbrother,

half sister and adoptive brother and adoptive sister and a father

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includes a halffather

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half mother and an aunt of the first degree whether through lawful wedlock

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arnot.

and an uncle ofthe first degree and a mother includes a

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(2) In this Act:

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(a) "Uncle means the brother ora person's parent and "aunt" has a

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corresponding

meaning;

Test of
relationship

TIIESEXUALOFFENCES

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B[LL,20[2

2012

(b) "Nephew" means the child of a person's brother or sister and

"niece" has a corresponding meaning;

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(c) "Half-brother" means a brother who shares only one parent with
another;

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(d) "Half-sister" means a sister who shares only one parent with
another; and

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(e) "Adoptive brother" means a brother who is related to another


through adoption and "adoptive sister" has a corresponding

(3) An accused person shall be presumed, unless the contrary is

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proved, to have had knowledge, at the time of the alleged offence, of the

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relationship

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Court with
.Iunsdiction

(If

existing between him orher and the other party to the incest.

(4) In cases where the accused person is a person living with the

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complainant

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court may give an order removing the accused person from the house until the

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matter is determined and the court may also give an order classifying such a

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child as a child in need of care and protection and may give further orders under

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the Child Rights Act.

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Rcgrster
oucndcrs

meaning.

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in the same house or is a parent or guardian ofthe complainant,

the

21, The High Court ofa State shall try all the offences created by this

BilL
22, -(I) The Registrarofthe

High Court shall maintain a register to be

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known as the RegistcrofConvicted

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the following information regarding a sexual offender:

Sexual Offenders in which shall be entered

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(a) the name(s) of the sexual offender and alias( es);

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(b) date of birth;

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(c) place of birth ;

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(d) nationality;

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(e) physical description, in particular, sex, race" height, weight" eye

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color, hair color, scars, tattoos or other marks or characteristics;

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(f) passport photograph and a set oftingerprints;

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(g) physical address at the time of the offence and any other

THE SEXUAL OFFENCES BILL,2012

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C 5161

domiciles;
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(h) the offence with which charged;

(i) the sentence entered by the trial court;

U) thedate(s)

(k) the age ofvictinus) in the sexual offence in question;

(I) previous convictions entered against the convict under the Act

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II
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of conviction and any sentence(s) imposed;

or related penal laws;


(m) the relationship between the convict and the victim, if any,
including information as to whether there was a position oftrust;
(n) brief particulars of the offences as well as the circumstances
underwh ich the offence was committed;
(0) whether the sexual offender has been declared dangerous by a
court oflaw; or
(p) any other information,

which, in the Registrar's

opinion,

requires to be kept.

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(2) The Register may also be kept in electronic form.

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(3) The registration period for a sex offender shall lapse upon the

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sex offender's death.

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(4) A sex offender shall notify the Registrar ifhe:

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(a) ceases to live or reside at the registered address or moves to a

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different address;
(b) leaves ajob or obtains a new job, or leaves a school or enrolis in
a new school;

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(c) leaves the jurisdiction ofthe High Court.

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(5) Notice ofthe changes described in subsection (4) above shall be

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in writing and shali be provided prior to the change, iffeasible, and in any

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event within twenty one days ofthe occurrence of the change.

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(6) Notices of change in address or place of work or school


attendance shall include the new address, location and phone information,
(7) In the exercise ofthe powers provided for under this section of

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BILL,2012

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the Act, regard shall be had to the need to protect the names and identity ofthe
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complainant, victims and other witnesses, especially where such persons have

been declared vulnerable by a court oflaw during criminal proceedings.

(8) The Registrar may, in writing,

demonstrates

person's name has been entered in the Register.

to the Registrar that he has a reasonable

(9) Notwithstanding

interest whether a

any other provision in these Regulations, the

Registrar shall at all times ensure access to the Register by the following

person(s):

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(a) Judicial ofticers;

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(b) Advocates of the High Court involved in criminal proceedings to

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which information kept in the Registc r has a bearing;

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(c) Probation oftieers;

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(d) Children officers;

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(e) State counsels and prosecutors;

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(f) Police investigators;

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(g) The prisons department;

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(h) Other relevant agencies which, in the opinion ofthe Register, may

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[1l1~1]lr<.:la(iul1

indicate to any person who

require such information.

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(I) General public

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(10) The Registrar shall not allow access to the Registcrwhere

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reason to believe that the information is intended to be used in a prejudicial

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manner.

he has

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(II) Any person who uses or allows to be used in a prejudicial manner

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information kept in the Register commits an offence and shall be liable, on

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conviction,

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exceeding six months, or both,

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to a tine not exceeding N 100,000 or imprisonment

for a term not

23, In this Bill:

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"act which causes penetration" means an act contemplated

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"child" means every human being below the age of 18 years.

under this Act;

THE SEXUAL OFFENCES BILL,2012

2012

"complainant" means the alleged victim of a sexual offence and in the case
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ofachild ora person with mental disabilities, includes a person who lodges a

complaint on behalf of the alleged victim where the victim is unable or

inhibited from lodging and follow ingupa complaint of sexual abuse;

"consent" means; a person consents ifhe

freedom and capacity to make that choice.

"gang" means two or more persons;

"genital organs" includes the whole

and for purposes of this Act includes the anus; .

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"gang rape" as the meaning assigned to it under Section 3 of this Act;

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"indecent act" means any unlawful intentional act which causes:

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Of

Of

she agrees by choice, and has the

part of male

Of

female genital organs

(a) any contact between the genital organs of a person, his or her
breasts and buttocks with that of another person;
(b) exposure or display of any pornographic material to any person

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against his or her will, but does not include an act which causes penetration;

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"person with mental disabilities" means a person affected by any mental

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disability irrespective of its cause, whether temporary or permanent, and for

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purposes of this Act includes a person affected by such mental disability to

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the extent that he or she, at the time ofthe alleged commission ofthe offence

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in question, was:

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(a) unable to appreciate the nature and reasonably foreseeable


consequences of any act described under this Act;
(b) able to appreciate the nature and reasonably foreseeable

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consequences of such an act but unable to act in accordance with that

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appreciation;

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(c) unable to resist the commission of any such act; or

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(d) unable to communicate his or her unwillingness to participate

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in any such act;

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"penetration" means the partial or complete insertion ofthe genital organs of

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a person into the genital organs of another person;

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2012

"sexual offence" means any offence prescribed in IhisAct; and

Shun Titli.!

"vulnerable person" means a child, a person with mental disabilities

elderly person and

"vulnerable witness" shall be construed accordingly,

or an

24. This Bill may be citedas the Sexual Offences Bill. 20 12.

EXPLANATORY NOTE
This Bill seeks to make provisions governing sexual offences, prevention and

the protection of all persons from unlawful sexual acts, and for connected
purposes,