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110 J.L. Pol'y & Globalization 1 (2021)

handle is hein.journals/jawpglob110 and id is 1 raw text is: ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.110, 2021 lisE Castration as Punishment for Rape in Kaduna State, Nigeria: Beaming Searchlight from Reproductive Health Right Perspective OMIDOYIN, Taiye Joshua* Senior Lecturer, College of Law, Achievers University, Owo, Ondo State, Nigeria AWOSUSI, Bolade Damilola Lecturer, Faculty of Law, Federal University, Oye-Ekiti, Ekiti State, Nigeria Abstract The increasing incidence of rape and sexual offences in Nigeria is not only alarming but disheartening. Several efforts have made by the federal government of Nigeria and various state governments to address the social menace, like opening sex offenders' register, practice of naming and shaming, imposing life sentences for convicted offenders, among other steps. In all these however, the heinous crime of rape and sexual offences have not been curtailed in the country, rather it is on the increase. Kaduna state government of Nigeria, in an attempt to tackle the crime, proceeded to amend the state's Penal Code and prescribed castration as appropriate punishment for convicted perpetrators of rape. As commendable as this may be, how effective can it serve as deterrence and does the punishment of castration fall within the goals of penology? More importantly, is castration tantamount to an abuse of reproductive health rights of the convict? These are the issues addressed in this article. The aim of this article is therefore to examine castration as punishment for the offence of rape from the perspective of criminal law and human rights. The findings of the research revealed that castration as punishment for the offence of rape in Kaduna state is a way too far, and may amount to retaliation rather than deterrence. The research concludes that cutting an aching head is not the solution to the headache, hence there are other ways to curb the rampant rape of rape than a punishment that violates reproductive health rights of the convict. Keywords: punishment, castration, rape, perpetrators, reproductive health DOI: 10.7176/JLPG/ 110-01 Publication date:June 30th 2021 1.0 Introduction Rape is not only a condemnable crime but a gross violation of the right of the victim. No doubt, rape has become a pandemic that is spreading like wildfire in Nigeria, without the exclusion of any tribe, race or geopolitical zone. Rape hence becomes an act against both the individual and the state. Many states of the federation have been trying different measures to curb the rampant occurrence of rape, ranging from the naming and shaming practice, opening a sex offenders' register, creating more awareness for the people and so on. As much as the measures put in place to curtail the crime of rape are commendable, the prescribed punishment should also be humane, rational, justifiable and not conflicting with existing legislations or human rights standards. It is against this background that the Kaduna state law providing for castration as punishment for convicted rape offenders would be critiqued. 2.0 The Essence of Criminal Punishment The law is generally enacted in furtherance of the duty of government in the social contract theory to create a balanced, peaceful and secured society. This duty of government likewise extends to making laws to curb societal wrongs and punish deterrent offenders. In the attempt to make provisions for punishment of offenders, the law seeks to achieve the goals of reparation, reformation, retribution and deterrence.1 The focal points of criminal punishment should therefore be tailored towards that and not to make it an instrument for persecution, retaliation, dehumanisation or flagrant stampede of the rights of offenders. While some purposes of punishment are aimed at benefiting society, others are just aimed at exacting revenge upon an individual who is responsible for the harm done.2 It however appears that some criminal punishments are imposed to inflict cruelty or malignant intentions, rather than having the future interest of the offender in mind. Another important angle to view criminal sentence is in the realm of compensation, hence a convict can be compelled to pay for his wrong to the society through physical labor, forfeiture of assets or restitution as the case may be.3 'Laws, 'Understanding the Purpose of Punishment' available on https://criminal.laws.com/general-criminal-law/purpose-of-punishment-overview accessed 27-03-2021 2 ibid s ibid 1 Journal of Law, Policy and Globalization www[.~e~r?

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