Abstract
Domestic violence, though not novel in Africa, has failed to attract the necessary attention or empathy due to a myriad of social, cultural, legal, economic, and religious factors. Violence conjures in our minds an action or behavior involving physical force and intended to hurt, damage, or kill someone or something. The notoriety of “domestic violence” has given it a generic status and can be described as violence or other abuse by one person against another in a domestic setting, such as in marriage or other forms of cohabitation. While being considered by more traditional audiences as being physical, in reality, it includes psychological, sexual, financial, emotional aspects, etc. With the prevalence of available literature and reported cases projecting women as the major or only victims of domestic violence, there has been a neglect of other possible victims. The article argues that domestic violence is like an equation that includes women and men as parts of its variables. The writers consider whether the legal and regulatory arrangements in Nigeria are effective to offer any measure to alleviate the plight of men who are victims of domestic violence. This article was based on a doctrinal approach, personal interviews, and a compilation of informal data. The article concludes that male victims constitute a significant portion in the equation of domestic violence and therefore require more proactive and inclusive actions from all stakeholders to address the situation.
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Notes
The term “violence” is not defined in both the Criminal Code applicable in Southern Nigeria and in the Penal Code applicable in Northern Nigeria. Both contained provisions that criminalize different forms of violence but neither of the two contain any provision strictly aimed at domestic violence.
See among other articles, the position expressed in the following articles: S. B. Fakunmoju & S. Rasool, B. Susmitha, R. Kaur & S. Garg, William J. Goode cited.
Wife beating has been condoned throughout most of history. Until the nineteenth century British Law gave husbands the right to beat their wives for what was called “lawful correction.” This tradition was presented in brief by Blackstone as follows: The husband also might give his wife moderate correction. For as he is to answer for her misbehavior the law thought it reasonable to entrust him with this power of restraining her, by domestic chastisement in the same moderation that a man is allowed to correct hi servant or children (Blackstone, 1996, vol. 1, 432). This right was abolished in 1891 but it left its impression that continued until the nineteenth century and some of its impression are still bright in some jurisdictions in Africa.
Available and verifiable empirical data in support of this are not officially available now, but personal interviews done and unofficial reports on various social media outlet in Nigeria seem to support this assertion.
This was after over 10 years in the legislative process. The original bill was entitled “Violence against Women (Prohibition) Bill” and after due consideration and deliberations it was changed to “Violence against Persons (Prohibition) Bill.”.
The long title of the Act.
Sec 46 VPP Act 2015.
Sec 1(3) VPP Act 2015.
Sec 27 VPP Act 2015.
The Commission was established in 1979 as the primary and Independent Law Reform Agency for the Federation. See generally, the Nigerian Law Reform Commission Act 1979 Cap. N118 Laws of the Federation of Nigeria. Volume 11 updated to the 31st Day of December, 2010. Available at https://www.nlrc.com.ng/index.php. Accessed 6 March 2020.
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Adetoro, D.O., Adetoro, S.H. Resolving the Equation of Domestic Violence: Is There Any Protection for the Male Victims in Nigeria?. J. Hum. Rights Soc. Work 6, 338–345 (2021). https://doi.org/10.1007/s41134-020-00141-1
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DOI: https://doi.org/10.1007/s41134-020-00141-1