MENTAL ELEMENT OF RAPE

What is the requisite mental element of the offence of rape is not a settled point of law. Analysis in this paper has highlighted this fact. The theoretical framework of this paper is aimed at depicting the éssential constituents of the offence of rape under Nigerian law and under English law. Salient points on how to establish the offence of rape under these laws are thoroughly examined. This is done by contrasting and comparing relevant provisions. There are two kinds of assault in criminal law - commen assault and indecent assault. Rape is an aggravated form of indecent assault. Rape is a heinous offence next to homicide. The offence will be analysed by examMing the provisions of the Criminal Code and the Penal Code and the English Sexual Offences Act, 1956. The aim here is to identify the elements of the offence under these penal statutes.