UNIT 10

VICTIMS OF CRIME

Victims of crime are individuals who suffer harm, including physical or mental injury, emotional suffering, economic loss, or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws. In Nigeria, the rights of victims are recognized and protected under various statutes and judicial precedents. See section 319 of the Criminal Code Act which provides for the offense of murder, outlining the severe consequences for the perpetrator and highlighting the state's role in seeking justice for the victim and section 40 of the Administration of Criminal Justice Act (ACJA) 2015 which mandates that victims of crime are entitled to fair treatment, the right to be informed of the status of their case, and the right to seek redress. See also the Oputa Panel Report (2001) where the Human Rights Violations Investigation Commission (HRVIC), also known as the Oputa Panel, emphasized the importance of victim rights and recommended measures for their protection and support. The right of victims include the following;

1. Right to protection: this is where victims have the right to be protected from further harm by the accused or any other person. This includes protection against intimidation and harassment.
2. Right to participation: this is where victims have the right to be informed and participate in the criminal justice process. They should be notified of court proceedings and have the opportunity to provide input during the trial and sentencing phases.
3. Right to restitution and Compensation: this is where victims are entitled to seek restitution and compensation for the harm suffered. This includes the recovery of lost income, medical expenses, and other related costs.
4. Right to dignity and respect: this is where victims should be treated with dignity and respect throughout the criminal justice process, and their privacy should be protected.

WOMEN AS VICTIMS

Women are particularly vulnerable to certain types of crimes, including domestic violence, sexual assault, and human trafficking. The Nigerian legal system recognizes these vulnerabilities and has enacted specific laws to address and protect women from such crimes.

1. Domestic violence: Domestic violence is a significant issue affecting women in Nigeria. The Violence Against Persons (Prohibition) Act (VAPP) 2015 is a key legislation aimed at addressing this problem. See section 19 of the VAPP Act which specifically addresses spousal battery and provides for protective measures and penalties against offenders.
2. Sexual assault: Sexual assault, including rape, is a grave offense with serious implications for victims. See section 357 of the Criminal Code Act which defines rape and prescribes the punishment for offenders and the case of Okon v. State (1988) 1 NWLR (Pt. 69) 172 which highlights the legal framework for prosecuting rape and the importance of supporting victims through the judicial process.

WOMEN AS AGENTS OF THE CRIMINAL JUSTICE SYSTEM

Women also play crucial roles as agents within the criminal justice system, including as law enforcement officers, lawyers, judges, and policymakers.

1. Women in law enforcement: Women in law enforcement face unique challenges but also contribute significantly to the administration of justice. Efforts are being made to increase their representation and ensure gender-sensitive approaches in policing. See section 43 of the Nigeria Police Act 2020 which emphasizes the need for gender balance and the inclusion of women in the police force.
2. Women in the judiciary: Women judges and magistrates play pivotal roles in the judiciary, influencing the interpretation and application of laws, particularly those affecting women and other vulnerable groups. See the case of Eze v. State (2016) LPELR-41048(SC) which is a landmark case where the Supreme Court of Nigeria addressed issues of gender bias in the administration of justice, reinforcing the importance of impartiality and fairness.

WOMEN AND OTHER SPECIAL GROUPS UNDER CRIME AND JUSTICE

SPECIAL GROUPS: CHILDREN, PERSONS WITH DISABILITIES, AND ELDERLY

1. Children: Children are considered a vulnerable group with specific protections under the law. See the Child Rights Act 2003 which provides comprehensive rights and protections for children, including those in conflict with the law.
2. Persons with disabilities: Persons with disabilities face unique challenges within the criminal justice system, both as victims and as accused persons. See the Discrimination Against Persons with Disabilities (Prohibition) Act 2018 which outlaws discrimination and provides for the rights and protection of persons with disabilities.
3. Elderly persons: Elderly persons require special consideration within the criminal justice system due to their age and potential vulnerability. See the National Senior Citizens Centre Act 2017 which establishes measures for the care and protection of elderly persons in Nigeria.

CONCLUSION

These notes provide a comprehensive overview of the issues concerning victims of crime, the role of women as both victims and agents in the criminal justice system, and the special considerations for various vulnerable groups within the context of crime and justice in Nigeria. See the case of Fawehinmi v. Akilu (1987) 4 NWLR (Pt. 67) 797 which underscores the importance of upholding the rights of all individuals, including special groups, within the justice system.