Spousal sexual assault in Canada and Nigeria: a substantive equality approach
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Date
2016
Authors
Ibrahim, Falilat Mobolaji
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Abstract
This study examines spousal sexual assault laws in Nigeria and Canada through the lens of substantive equality. The aim is to show that only when a substantive-equality approach is used for legislation and adjudication of spousal sexual assault can victims fairly seek and realize justice. This is because substantive equality considers broader socio-economic and cultural contexts that support this crime, including exposing stereotypes that underpin its legislation and adjudication. The study shows that in Nigeria and Canada spousal sexual assault is endemic and that women are disproportionately represented as victims and men as perpetrators. Failures to apply the principles of substantive equality in adjudicating spousal sexual assault lead to the flaws in evidentiary procedures involving this crime. The study concludes that it is important to revise criminal laws and evidentiary procedures in Nigeria and Canada using substantive equality principles.
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Keywords
Spousal sexual assault, Substantive equality, Nigeria, Canada