The Law on the Offence of Having Sexual Intercourse with a Child

CASE TITLE: OLALERE v. STATE (2022) LPELR-58103(CA)

JUDGMENT DATE: 15TH JULY, 2022

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: FOLASADE AYODEJI OJO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the offence of having sexual intercourse with a child.

FACTS:

This is an appeal against the judgment of the High Court of Ogun State, sitting in Abeokuta, delivered on 21st of July, 2020 in Charge No. AB/48C/2017.

The Appellant was arraigned at the trial Court on an Information containing one count for the offence of having sexual intercourse with Ayomide Adijat Odudare a 2 years old child.

​The Prosecutrix, a two-year-old female child, and her mother lived with Defendant and his family, her mother being a sales girl for the wife of Defendant in her food-vending trade. On the morning of the 22nd March 2017, Defendant’s wife and the mother of the Prosecutrix had gone out at about 6 am to seek their livelihood, leaving the Prosecutrix at home with the Defendant and his own equally young children. When the mother of the Prosecutrix returned home later in the day, she found her crying and noticed that she could not walk well. An examination of her private part showed swelling at the touch of which the Prosecutrix experienced serious pain. The matter was reported to the Police, and the Prosecutrix was taken to the hospital for examination. The doctor’s examination revealed that the vagina of the Prosecutrix had been penetrated and her hymen broken. Sperm was found in her vagina. The defendant was promptly arrested by the police. In his statements to the police, Defendant denied having sexual intercourse with the Prosecutrix but admitted that he inserted his fingers into her vagina.

To prove its case, the Prosecution called five (5) witnesses and tendered eight (8) exhibits which were admitted in evidence as Exhibits 1-8. The Appellant gave evidence in person and thereafter closed his defence.

​The learned trial Judge after reviewing the evidence adduced found the Appellant guilty as charged. He convicted him and sentenced him to life imprisonment.

Aggrieved by the judgment, the Appellant has appealed to the Court of Appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal based on a sole issue viz:

“Whether the Prosecution proved the offence of having sexual intercourse with a child against the Appellant beyond a reasonable doubt.”

DECISION/HELD:

In the final analysis, the Court dismissed the appeal.

RATIOS:

• CONSTITUTIONAL LAW – PRESUMPTION OF INNOCENCE: Whether an accused person is presumed innocent until proven guilty
• CRIMINAL LAW AND PROCEDURE – OFFENCE(S): Provisions of Section 32 of the Child Rights Law, Laws of Ogun State, 2006 as regards the offence of having sexual intercourse with a child
• CRIMINAL LAW AND PROCEDURE – OFFENCE(S): What the prosecution must prove to succeed in a charge of having sexual intercourse with a child
• CRIMINAL LAW AND PROCEDURE – OFFENCE(S): What amounts to penetration for the purposes of proving the offence of sexual intercourse with a child
• EVIDENCE – CONFESSIONAL STATEMENT: Whether a plea of non-est factum amounts to a denial or a retraction of a confessional statement
• EVIDENCE – CONFESSIONAL STATEMENT: Effect of failure of an accused person to object to the admission of his confessional statement
• EVIDENCE – DOCUMENTARY EVIDENCE: Effect of a signature on a document