~ 55 ~ International Journal of Criminal, Common and Statutory Law 2023; 3(2): 55-63 E-ISSN: 2789-9500 P-ISSN: 2789-9497 IJCCSL 2023; 3(2): 55-63 © 2023 IJCCSL www.criminallawjournal.org Received: 23-06-2023 Accepted: 27-07-2023 Seun Omowonuola Afolayan Lecturer, Department of Private and Property Law, Faculty of Law, Ekiti State University, Ado-Ekiti, Nigeria Corresponding Author: Seun Omowonuola Afolayan Lecturer, Department of Private and Property Law, Faculty of Law, Ekiti State University, Ado-Ekiti, Nigeria Comparative legal analysis of the offence of rape in Nigeria, United Kingdom and the United States of America Seun Omowonuola Afolayan Abstract This paper examined the comparative analysis of the offense of rape in Nigeria, United Kingdom and the United States of America. It differentiated what constitutes the offense of rape in these jurisdictions. The paper also highlighted the menace of the offense of rape and the new trend of the offense of rape in the 21st century. The methodology used is doctrinal approach, as research was done through the use of textbooks, constitutions and judicial precedents. The paper found that the concept of marital rape does not exist under the Nigerian law because the evidence of a valid and subsisting marriage between an accused husband and the woman will negate the offence of rape since sexual intercourse is one of the incidents of a valid marriage and a man is deemed in law to have obtained perpetual consent of his wife at marriage thereby removing any likelihood of an allegation of ‘unlawful carnal knowledge of his wife. It was finally concluded that the Nigerian Criminal and Penal Codes being of foreign sources and origin, but now regulating our criminal justice system might require some significant amendments that would take into consideration the societal peculiarities of Nigeria which criminal administration it relates. Keywords: Rape, penetration, consent, force, seduce, spousal-rape Introduction Rape is one of the oldest crimes in human history. All over the world, rape is a crime but definitions and punishments for the offence differ from place to place. It has also been noticed that rape cases are reported more in western world than any other part of the globe. It is believed that in Africa and Asia, rape victims usually lack the courage to speak out or report their experiences to the law enforcement agencies due to negative societal attitude prevalent in such countries. Rape thrives in secrecy and in a culture where victims are blamed for what happens to them, instead of the perpetrators. In this paper, a comparative legal analysis of the offence of rape in Nigeria, United States of America and the United Kingdom is critically carried out and recommendations made on the solution to this menace. Definitional Concept of Rape In a simple language, rape may be defined as the act of a male person, having sexual intercourse with a woman or a girl against her will, or without her consent. Rape is defined under Section 357 of the Criminal Code which applies to the southern part of Nigeria in the following words: Any person who has unlawful carnal knowledge of a woman or girl, without her consent or with her consent, if the consent is obtained by force or by means of threat or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or in the case of a married woman, by personating her husband, is guilty of an offence which is called rape. It is punishable by imprisonment for life with or without whipping. The combined effect of the above provision is that a person is deemed to have committed the offence of rape, when he has sexual relations or carnal knowledge of a woman or girl against her will; a) Without her consent or b) While putting her in fear of death or hurt or c) Personating the husband of the woman or d) Having carnal knowledge of a girl under 14years, with or without her consent or e) Having carnal knowledge of a girl with an unsound mind.