CROSS RIVER – PUNISHMENT OF INCEST LAW
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LAWS OF CROSS RIVER STATE
CHAPTER P24
PUNISHMENT OF INCEST LAW
ARRANGEMENT OF SECTIONS
SECTION
- Relationship.
- Incest by males.
- Incest by females of or over sixteen.
- Prosecution of offences.
- Spouse a compellable witness.
- Sanction of Attorney-General.
- Interpretation.
- Short title.
CHAPTER P24
PUNISHMENT OF INCEST LAW
A Law to provide for the Punishment of Incest.
(1st March, 1956)
[Commencement.]
- Relationship
The provisions of this Law shall apply whether the relationship, between the person charged with an offence under this Law and the person with whom the offence is alleged to have been committed, is or is not traced through lawful wedlock.
- Incest by males
(1) Any male person who has carnal knowledge of a female person who is to his knowledge his grand-daughter, daughter, sister or mother is guilty of a misdemeanour and is liable to imprisonment for seven years.
(2) If the female person is under the age of eleven years, he is guilty of a felony and liable to imprisonment for fourteen years.
(3) It is immaterial that the carnal knowledge was had with the consent of the female person.
(4) If any male person attempts to commit any such offence as aforesaid he is guilty of a misdemeanour and liable to imprisonment for two years.
(5) On the conviction of any male person of an offence under this section or of an attempt to commit the same, the Court may divest the offender of all authority over the female person against whom the offence is committed, and, if the offender is the guardian of such female person, may remove the offender from such guardianship and in any such case may appoint any person or persons to be the guardian or guardians of such female person during her minority or any less period:
Provided that the Court may at any time vary or rescind the order by the appointment of any other person as such guardian or in any other respect.
- Incest by females of or over sixteen
Any female person of or above the age of sixteen years who with consent permits her grandfather, father, brother or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother, or son, as the case may be) is guilty of misdemeanour and liable to imprisonment for seven years.
- Prosecution of offences
(1) If, on the trial of any information for rape, the Court is satisfied that the defendant is guilty of an offence under this Law, but is not satisfied that the defendant is guilty of rape, the Court may acquit the defendant of rape and convict him of an offence under this Law and he shall be liable to be punished accordingly.
(2) If, on the trial of any information for an offence under this Law, the Court is satisfied that the defendant is guilty of any offence under sections 218, 221, 222, 353 or 360 of the Criminal Code, but is not satisfied that the defendant is guilty of an offence under this Law, the Court may acquit the defendant of an offence under this Law and find him guilty of an offence under sections 218, 221, 222, 353 or 360 of the Criminal Code, and he shall be liable to be punished accordingly.
- Spouse a compellable witness
The wife or husband of a person charged with an offence under this Law may be called as a witness either for the prosecution or the defence and without the consent of the person charged.
- Sanction of Attorney-General
No prosecution for any offence under this Law shall be commenced without the sanction of the Attorney-General.
- Interpretation
In this Law unless the context otherwise requires—
“brother” and “sister” respectively include half-brother and half-sister.
- Short title
This Law may be cited as the Punishment of Incest Law.
CHAPTER P24
PUNISHMENT OF INCEST LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
