Tackling False Claims of Rape and Sexual Abuse

By Kayode Adebiyi, News Agency of Nigeria (NAN)

A few years back, a physician from Nigeria based in the UK facilitated the travel of a woman he met online for an in-person meeting.

Details regarding their interactions were largely unknown until the woman submitted a petition to the UK Home Office and the doctor’s hospital, alleging sexual abuse against him.

Investigations later disclosed that any incidents that occurred during the woman's visit were consensual.

Recently, a viral video emerged of a TikToker named Mirabel (whose real name is Abigail Nsuka), claiming she was drugged and sexually assaulted.

Her emotional video gained more than 7 million views within hours, capturing the attention of numerous Nigerians and organizations that offered to provide support.

One NGO stepped in to assist Mirabel, while the Lagos State Domestic and Sexual Violence Agency (DSVA) launched an inquiry into her claims.

However, it was found that Mirabel's tale was fabricated, devised to solicit financial assistance online; there was no proof of her being drugged or abused.

Reports indicated that after the NGO had set up a safe meeting for her, Mirabel became unreachable.

Attention then shifted to Obafemi Awolowo University (OAU), where a student named Adeife accused a peer, David, of rape.

Following David's protest and a threat of a N15 million lawsuit, Adeife withdrew her accusation, apologized, and traveled with her parents to Ile Ife, Osun, to personally apologize to David and his family.

These examples illustrate a growing trend of false rape and sexual harassment allegations coinciding with social media engagement practices.

While false accusations are not new, their repercussions on the accused have insufficiently been discussed.

Psychologist Mr. Matthew Popoola noted that false allegations can severely impact those accused, leading to long-lasting turmoil.

He detailed that such claims can cause serious emotional distress, immediate reputational damage, strained personal relationships, and even job loss.

"Those accused suffer similarly to actual victims of sexual abuse. In today's 'cancel culture', individuals often face public condemnation before any investigation occurs," he stated.

"Many who are wrongly accused lack sufficient proof or alibis; hence they are left with mere denial. Once the public has formed a judgement, the associated stigma can become inescapable.

“They face being blacklisted from opportunities and benefits, and many struggle to recover, even when ultimately exonerated. The stigma may linger, accompanied by costly legal battles and emotional distress, risking wrongful imprisonment," Popoola emphasized.

In discussions surrounding the Adeife-David incident, several users on X (formerly Twitter) noted that the sensitivity surrounding rape and sexual harassment often leaves issues skewed against men, particularly those wrongfully accused when seeking justice.

"I believe penalties for false allegations must be stringent to act as a deterrent," one user expressed.

"Since society seeks justice for actual sexual offences, we must also consider the mental health of those falsely accused. Many individuals never fully bounce back from the aftermath of such allegations, facing challenges physically, mentally, and in social interactions," Popoola added.

Another notable case involved former Manchester City footballer Benjamin Mendy, who faced sexual offence allegations in 2021 that led to his suspension from the club. In 2023, he was acquitted of all charges but had already endured significant setbacks in his career, financial loss, and the trauma of being wrongfully tried.

What does Nigerian law stipulate regarding false allegations of rape or sexual misconduct?

Barrister James Abbah, a legal expert from Nasarawa, explained that such false allegations are deemed criminal defamation under Nigerian law, or categorized as providing false information to public authorities.

He referred to Section 375 of the Criminal Code Act, which mandates penalties of up to two years' imprisonment for this offence.

"If someone provides false information intending to incite action against another individual, they can face criminal charges. Also, if a false allegation triggers a criminal investigation or judicial process, the accuser might be charged with perverting the course of justice, which carries severe repercussions,” Abbah stated.

He advocated for amendments to the Violence Against Persons (Prohibition) Act of 2015, arguing that it tends to focus only on safeguarding victims of sexual offences.

"The VAPP Act currently offers no protection against false sexual harassment claims, nor does it prescribe penalties for such actions. A clear provision for punishing these false claims is essential to deter future occurrences,” he argued.

Both Popoola and Abbah concurred that the monetized engagements on various social media platforms encourage recklessness in online behavior, resulting in misleading information and false allegations as users seek views, likes, and comments.

Reports from police agencies, particularly in Western nations, estimate that false allegations of rape account for about two to ten percent of total reported incidents.

Should the perpetrators simply retract their claims and apologize without facing consequences?

"Sexual offenders deserve severe penalties, while individuals wrongfully accused, regardless of the frequency of such cases, should be afforded justice as well. It raises the question of our willingness to impose penalties on innocent individuals," Abbah remarked. (NANFeatures)