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Between Seyitan and D'Banj: Rape and the Burden of Proof

Rape and the culture of violence is not new to our society. In recent times, reports of rape cases have been on the increase. 

In June, the Nigerian social media space went into a wild frenzy following accusations by Seyitan Babatayo against music entertainer Oladapo Oyebanji popularly known as  D'banj. According to Seyitan, D'banj raped her in 2018. Emotions at that time was still rife over the gruesome rape and murder of Uwaila Omozuwa in a church in Benin City Edo state, rape of a 12year old girl by eleven men in Jigawa, rape and murder of an 18 year old student in Oyo state, rape of minors and many others. 

According to the inspector general of police, Muhammed Adamu, a total of 717 rape cases were reported in police stations across Nigeria between January 2020 and May 2020. 631 of these cases have been investigated and charged to court, while 52 are still being investigated. 
This number only captures those reported. We can only imagine the myriad of unreported cases of sexual assaults in the country due to ignorance, stigma, fear and other factors.

What differentiates the Seyitan and Dbanj issue from those being investigated was the fact Seyitan reported to the court of public opinion (social media)  without prior legal actions. Well, to be fair to Seyitan, her demand in June when she made those allegations was quite simple, an apology was all she requested.
But the ensuing media trial by many on the social media space has escalated the matter beyond what apologies can resolve. Seyitan was allegedly arrested by D'banj, detained and made to retract her allegations. It has since boiled over to accusations, counter accusations and invectives from both camps, all on social media. When Seyitan deleted her allegations and tweeted that she was 'moving on and leaving everything behind', that decision was no longer her’s to make. Reactions on the social media had already caused untold damage.  As it is, D'banj has slammed a 1.5 billion suit against Seyitan over the rape allegation. Well, we  can only wait and see how this pans out.
However, prosecuting rape according to legal practitioners is not walk in the park. The is because the first few hours after which a sexual assault occurs is very critical. It can make or Mar the case as evidence can be ignorantly destroyed. Victims of assault are advised not to take a bath, remove torn clothes. Report at the police station and then head to the hospital. All within a day. Timely examination is critical!
A former manager of the music star, indeed confirmed Seyitan informed him of the alleged rape since December 2018 but she agreed not to pursue the case. So what changed? The Seyitan and Bukola Dakolo scenario will continue to play out if victims themselves do not first realise the enormity of sexual assault and then immediately seek redress. For now all we have is he 'did', she 'lied' and other invectives from both camps.
We must realise however, the burden of proof in a sexual assault case is enormous on the prosecution and requirements for corroborating evidence is very helpful in the pursuit of justice.
This piece is beyond Seyitan and D'banj's case. It’s is a call for action. A task for all to encourage victims of sexual assault to always seek legal redress timely and not wait years and years after. Eyebrows may be raised, questions will be asked and the table may turn against the victim who could be the accuser or the accused.

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