Rape not gender war, popularity contest – Ogun PPRO warns against social media trial

DSP Oluseyi Babaseyi, the Police Public Relations Officer of the Ogun State Police Command, has cautioned Nigerians against transforming rape allegations into a gender conflict and social media trial, emphasizing that an allegation does not equate to a conviction. In his opinion piece, "Rape, reputation and the court of public opinion," the legal practitioner highlighted a concerning trend where social media quickly delivers a verdict based on conflicting statements from the victim and the accused before any investigation or court proceedings.

Babaseyi stressed that rape is among the most serious allegations and warrants thorough investigation, urging the public not to overlook the importance of due process. He pointed out that Nigeria lacks a single legal definition of rape, as the law encompasses the Criminal Code, Penal Code, and the Violence Against Persons (Prohibition) Act, 2015, along with state-specific statutes.

The PPRO explained that while the Criminal Code and Penal Code focus on unlawful sexual intercourse without consent, the VAPP Act expands the definition to include penetration of another person without consent, including the vagina, anus, or mouth. He emphasized that a man can also be a victim of rape, stressing that gender should not diminish the believability of the experience.

Babaseyi further clarified that the law does not presume consent based on familiarity, relationship, or prior consensual encounters, nor does it equate an allegation with proof, even if the accusation is emotionally compelling or the accused is unpopular. Regarding police protocol, Babaseyi clarified that the police are not the court and their role is not to establish guilt or innocence but to establish facts through complaints, evidence preservation, digital analysis, medical and forensic examination, and witness tracing.

He warned that while social media can be instrumental in exposing hidden issues and encouraging victims to speak, it poses significant risks due to its lack of verification requirements. Posts can go viral without substantiation, and screenshots may only provide a partial perspective. The PPRO stressed that rape is a legal matter governed by applicable law, not influenced by hashtags, celebrity status, or public opinion.

He urged the public to refrain from asking "whose side are you on?" and instead focus on "whose side is the truth on?" Babaseyi concluded by calling for a society where individuals can report rape without facing silence or mockery, where accused individuals can maintain their innocence without facing conviction from strangers, and where the police can conduct investigations without compromising their impartiality.