Sweden’s top court on Thursday convicted a man of “negligent rape” in a landmark ruling on a year-old law that states sex without explicit consent constitutes rape.
After reviewing the evidence, the Supreme Court rejected the defence’s argument that there was silent consent between the 27-year-old man and a woman
The two met via social media and agreed to meet in person in October.
This was the first ruling by the Supreme Court since the law entered into force in July 2018.
It was designed to ensure that all partners are willing, and requires explicit consent before sexual activity – either verbally or through body language.
It included two new offences – “negligent rape” and “negligent sexual abuse” – with “negligence” reflecting that one of the parties did not participate voluntarily.
The woman invited the man to visit her and offered for him to stay the night since he lived in a different city, reports dpa.
She said she wasn’t interested in sex, and in a text message he answered “OK,” the court said.
Both slept in the same bed. During the night he had intercourse with her. The woman said she was paralysed and passive during the event.
After analysing her testimony and other evidence, the court concluded the sex was not voluntary and found the man guilty of gross negligence.
He was given an eight-month sentence.
The bill was debated for several years, and received new impetus in the wake of the global #MeToo movement, in which women from many walks of life shared accounts of sexual violence and harassment.
Corps member convicted for $150 fraud
A serving member of the National Youth Service Corps (NYSC), Samuel Orie, has been convicted on one count of impersonation and obtaining by false pretence to the tune of $150.
Orie was arraigned before Justice I. N. Buba of the Federal High Court, Enugu State, by the Economic and Financial Crimes Commission (EFCC), Enugu Zonal office, yesterday.
The EFCC spokesman, Wilson Uwujaren, said Orie was arrested on August 23, 2019, based on intelligence gathering regarding his fraudulent activities.
The charge against him reads, “that you Samuel Orie, alias Scott Gibb, sometime in 2019, in Enugu within the jurisdiction of this honourable court, fraudulently presented yourself as Mr. Scott Gibb, an American contractor travelling around the world and using your email address to wit:email@example.com with the intent to obtain money from unsuspecting victims on the internet and thereby committed an offence contrary to Section 22(3) (b) and punishable under Section 22(4) of the Cybercrimes (Prohibition, Prevention) Act 2015.”
When the charge was read to him, Orie pleaded guilty. The prosecution counsel, E. V. Dalyop, urged the court to convict him as charged.
But the defendant’s counsel, E. O. Isiwu, pleaded with the court to temper justice with mercy as his client was a first time offender who was remorseful and willing to make restitution for all his actions.
Justice Buba convicted Orie and sentenced him to one month imprisonment starting from the date of his arrest. He is also to forfeit $150 and his Techno Camon M phone.
Katsina: 360 inmates flee from ‘dehumanising’ reformatory centre
At least 360 inmates on Sunday broke out of Malam Bello-Mai’almajirai local reformatory centre in Daura, Katsina State.
The inmates, who were reportedly subjected to deplorable and dehumanising conditions, escaped after breaking the burglary proof.
However, yesterday, the police ordered the immediate closure of the centre.
The state Commissioner of Police, Mr. Sanusi Buba, who inspected the centre in company with journalists and other relevant stakeholders, ordered the closure in Daura.
He said that inmates were subjected to deplorable and dehumanising conditions at the centre.
The commissioner, according to the News Agency of Nigeria (NAN), added that the condition of inmates called for urgent and serious concern, noting that the police would search the 34 local government areas in the state to unravel such centres.
Buba explained that some of the inmates were handcuffed and compelled to sleep in unventilated rooms.
He said: “We would mount surveillance to fish out such culprits subjecting children to servitude.”
The commissioner urged parents, who took their children to the centre, to come forward with valid means of identification to claim them.
He said: “No law in the country permits such inhuman treatment.”
The Emir of Daura, Alhaji Faruk Umar Faruk, called on the police and other relevant security agencies to carry out thorough investigation on the issue.
He urged the police to be fair and just in their investigation so that the culprits would face appropriate sanctions.
The emir, who expressed shock at the discovery, said it was a surprise for such a thing to happen in his domain.
Teenager sodomises 10-year-old girl to death
A 16-year-old boy, Paul Ikwechegh, a native of Igbere in Bende Local Government Area of Abia State, has allegedly sodomised a 10-year-old girl to death.
It was learnt that the suspect took the deceased, who hailed from Nkporo in Ohafia Local Government Area of Abia State, against her will and raped her to death.
The incident occurred on October 5, 2019, at No. 51, Emeonye Street, off Ngwa Road, Aba. It was also learnt that the anal penetration left the victim paralysed and hospitalised until she died on October 9.
The suspect reportedly has penchant for taking tramadol.
A source said: “I don’t know whether Paul got any help from any of his friends, but we discovered that he took the little girl to the place where he perpetrated the act. From what I learnt, he tried penetrating her from the vagina, but only he knows why he later decided to do it through the anus.
“I learnt he consumed tramadol so much at his age. After the whole show, the girl was left paralysed, but she identified him as the culprit. The family rushed her to the hospital while the police arrested Paul. The little girl cried until she died on Wednesday. I don’t know whether she got the right treatment, but enough damage was done to her anus. He’s still with the police.”
The state Commissioner of Police, Ene Okon, said the case was now murder and no longer rape.
The commissioner said the police would do all within the ambit of the law to ensure that justice was carried out.
He added: “The case was transferred to the State Criminal Investigations and Intelligence Department (SCIID) last week. But if the victim has died as information is saying, the charge will now be murder. Trust us that justice will be done.”
Kaduna: Soldiers rescue four abducted schoolgirls
Troops of the Operation Thunder Strike have rescued the remaining four of the 14 students of Government Day Secondary School, Gwagwada in Chikun Local Government Area of Kaduna State abducted by bandits last Thursday.
A community leader in the area said the students were rescued yesterday evening as the bandits were trying to escape with the girls to Niger State.
He said the soldiers, who have been patrolling the area, swooped on the kidnappers, leading to the freeing of the four students.
On Thursday last week, 14 students of the school were abducted on their way to school, 10 of them were immediately rescued by the troops.
The bandits, however, escaped with four students and were demanding a ransom of N2 million for their release.
This was as parents of the six female students and two staff of Engravers College, Kakau Daji, who were abducted on October 3, had appealed to the kidnappers to release their children.
The appeal came after the parents paid a ransom of N3.6 million, but the children were still being held in captivity by the bandits.
Addressing a press conference earlier yesterday in Kaduna, the spokesman for the parents, Mr. Chukwuemeka Adindu, pleaded with the kidnappers to have mercy on them and release their children.
Adindu, who denied any involvement of the state government in the release of the children and the two staff of the college, said they had been struggling on their own to secure the release of the children.
He said: “As we talk to you, we are left on our own to carry our cross. Since the government pronouncement, nothing has been done to rescue our children.
“We have been going up and down, pleading with the kidnappers to see reason with the little effort we have made to release our children to us.
“We have been suffering; we have been on our own. The school is a private school not a government-owned school. The state government has not done anything about our plight.
“We are, therefore, appealing to the kidnappers to release the students and two staff of Engravers College to us because we are left at the mercy of the kidnappers.”
How I was raped by badoo cult member, 19-year-old student narrates ordeal
A 19-year-old student (name witheld) on Monday narrated before an Ikeja Special Offences and Domestic Violence Court, Lagos how she was allegedly raped by a 24-year-old cultist, Tayo Bakare
The victim, a 300 level student of the Federal University, Oye-Ekiti (FUOYE), told the court that Bakare ordered her to remove her clothes, took nude pictures with her phone and had forceful sexual intercourse with her.
Bakare is standing trial on an eight count charge bordering on conspiracy to commit robbery, robbery, deprivation of liberty and rape.
According to the 19-year-old, who was led in evidence by Mrs K.A. Momoh-Ayokambi, the incident occurred on August 27, 2017 at Ikotun, Lagos.
The 300L student said that defendant threatened to kill her, locked her up inside the toilet after the rape and made away with her two phones and N2000 cash.
Woman,19, docked for allegedly escaping from police custody
A 19-year-old unemployed woman, Precious Ogbonna, on Monday appeared before an Ikeja Magistrates’ Court in Lagos for allegedly escaping from lawful custody.
Ogbonna, who lives at Ikeja, Lagos, is being tried for breach of peace and escape from lawful custody.
The Prosecutor, Insp. Mojirade Edeme, told the court that the defendant committed the offences on October 2 at Allen Ave. Ikeja.
She said the defendant escaped from custody when she was arrested in connection with a case of conduct likely a threat to life.
“The defendant was arrested when she unlawfully entered into a man’s apartment, threatening to deal with him.
“When the police was taking her back to the scene of the crime after her arrest, she secretly opened the door of the vehicle and ran away.
“She was later re-arrested,” Edeme said.
Following her plea of not guilty, Magistrate Mrs. O.A Aderibigbe released her on bail of N20, 000 with one surety in like sum.
Aderibigbe said that the surety should be gainfully employed and show evidence of two years tax payment to the Lagos State Government.
Further hearing has been fixed for October 28.
The prosecutor said the alleged offences contravene Sections 168 and 106(b) of the Criminal Law of Lagos State, 2015.
The News Agency of Nigeria (NAN) reports that Section 106(b) prescribes two years jail term for escaping from lawful custody.
Court remands 72-yr-old man for allegedly raping, impregnating daughter
The Chief Magistrates’ Court 10 in Gombe, on Monday remanded 72-year-old Ibrahim Yunusa in prison custody for allegedly raping and impregnating his biological daughter.
Yunusa of Dadinkowa, Yamaltu/Deba Local Government, Gombe State had on arraignment pleaded not guilty to the charge.
The Chief Magistrate, Daura Sikkam ordered the remand of the accused person and adjourned the case to November 13 for further mention to enable police complete investigation.
Earlier, reading the police First Information Report (FIR) Dalaky Wanma, the court clerk, said the accused committed the offences several times between December 2018 and January 2019.
He said Yunusa forcefully had carnal knowledge of his 17-year-old biological daughter (name withheld) and impregnated her in his house.
The clerk said the offence is contrary to sections 390 and 282 of penal code.
The Police Prosecutor, Sgt. Bako Shekari, also told the court that police had just commenced investigations into the matter.
He therefore asked the court for adjournment to enable the police complete investigations and seek legal advice from the Ministry of Justice
Newborn girl found alive in shallow grave
A newborn girl allegedly buried alive in the northern Indian state of Uttar Pradesh has been rescued by a villager.
The man discovered the baby in an earthen pot in a grave when he had gone to a ground to bury his own daughter who had died minutes after birth.
The man alerted the police – the infant was taken to a hospital in Bareilly district and is said to be improving, reports the BBC.
Police say they are are looking for the parents of the newborn girl and trying to find out who buried her.
Local police chief Abhinandan Singh said the villager’s daughter died within a few minutes of being born prematurely on Thursday. The villager – a trader – had gone to bury the body of his daughter in the evening.
“As they were digging a grave for her, at a depth of three feet, the spade hit an earthen pot, which was pulled out. There was a baby lying in it,” Singh said.
“The police took the baby to the city hospital where she is getting treatment. We are trying to find the parents of the baby and we suspect that this must have happened with their consent.”
India’s gender ratio is one of the worst in the world. Women are often discriminated against socially and girls are seen as a financial burden, particularly among poor communities.
Campaigners say a traditional preference for sons has meant millions of female children lost to foeticide and infanticide over the years.
Although most unwanted female foetuses are aborted with help from illegal sex determination clinics, cases of baby girls being killed after birth are not uncommon either.
In 2014, a seven-year-old who was allegedly buried alive by relatives in Uttar Pradesh was rescued by a villager.
In 2012, the father and uncle of a baby girl in Uttar Pradesh allegedly tried to bury her alive, apparently as a sacrifice to protect the health of their other children on the advice of a spiritual guru.
Kidnappers collect N4.4m, free six victims
ix people kidnapped by gunmen about eight days ago at Gurin, a border town between Nigeria and Cameroon Republic in Adamawa State, have regained their freedom after the payment of N4.4 million.
A relative of the abductees, who preferred anonymity, told our correspondent that the victims were released in the early hours of Sunday after the ransom was paid.
“We were in the bush since morning and have just returned with all the kidnapped victims after their release.
“The total amount paid by the families of the victims summed up to N4.4 million,” he said.
The kidnappers had earlier made a demand of N60 million ransom.
Our source disclosed that two members of the same family paid N1.5 million ransom, three members of another family paid N2.4 million while another victim paid N500,000 to the kidnappers.
The victims were kidnapped on Saturday, October 5, 2019 while on their way to inspect their cows in a forest about three kilometres from Gurin town where they usually keep their cows during rainy season to avert farmers/herders conflict.
Also, the state Police Public Relations Officer (PPRO), DSP Sulaiman Nguroje, confirmed the development.
He said the victims were assisting the police with information that would lead to the arrest of the kidnappers.
12-year-old orphan raped by pastor, herbalist, neighbour gives birth
12-year-old girl (name withheld) has been delivered of a baby girl at the Irrua Specialist Teaching Hospital (ISTH) in Edo State.
The minor was said to have been raped repeatedly by a popular pastor, a native doctor and a neighbour who are presently in the custody of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP).
The trio, according to the agency, would be arraigned in court next week.
It was learnt that the pastor is aged 30, the herbalist (59) and the third suspect aged 30.
A source close to NAPTIP said the suspects had confessed to have carnal knowledge of the girl.
The young mother was admitted at the ISTH for preeclampsia (one of the hypertensive disorders in pregnancy) and she was booked for an emergency caesarean section (CS).
The source said she was later delivered of a baby girl.
It was learnt that the victim lost her father at the age of five and was asked to stay with the pastor when she was six years old.
The pastor was said to have slept with her repeatedly until she was taken away to stay with the native doctor who also took his own turns to rape her.
She was said to have been taken away again to stay with her aunty but a neighbour raped her several times until she got pregnant.
A doctor at the ISTH, Dr. Eugene Usifoh, on his Facebook page, described the little girl’s ordeal as one of unhappy story.
Usifoh said the man inside of him left which left him in total disarray and almost in tears.
He wrote: “You know what? She is just 12 years old, yes a minor who hasn’t even seen her first menses and since ovulation occurs before menstruation, she probably ovulated and sadly her first ovulation got her pregnant at this tender age.
“I really don’t know the kind of supervision she got from her care givers but one thing I know is that they failed to protect her, they failed to shield her from the wickedness of this world, they failed to perform their duties as care givers and guardians, as such, life got her scared. Imagine being a mother at 12.
“A devastating tale, however, the abused child has the tendency to be abused again, if she isn’t rescued now, she’ll probably have three or more babies before she becomes an adult and that’s if she lives up to adulthood and survives the complications of pregnancy as well as those of sexual abuse and every other difficulties which she would surely face. Think about the risk of contacting sexually transmitted infection/disease or VVF.
“Therefore, we are appealing to all well-meaning Edo sons, daughters and Nigerians at large for their assistance in order to save this helpless girl and her two days old baby.
“Spread the word, there’s a 12 years old in Irrua Specialist Teaching Hospital (ISTH), Irrua, Edo State that needs to be rescued. Whoever this may get to, please help save this young mother and her baby; help give them a better life.”
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