When the table turns: Addressing false allegations of rape, sexual abuse

By Kayode Adebiyi, News Agency of Nigeria (NAN)

A few years ago, a Nigerian physician residing in the UK sponsored the travel of a woman he had connected with online to facilitate an in-person visit.

Details of their activities were unknown until the lady petitioned the UK Home Office and the doctor’s hospital, accusing him of sexual abuse.

Investigation later revealed that whatever transpired between the lady and the doctor during her visit was mutually consented.

Recently, social media was awash with the story of one Mirabel (real name Abigail Nsuka), a TikToker, who alleged that she was drugged and sexually abused.

In a matter of hours, her seemingly emotional video went viral, attracting more than 7 million views while drawing the attention of many Nigerians and organisations, some offering support and assistance.

A non-governmental organisation offered to help Mirabel, while the Lagos State Domestic and Sexual Violence Agency (DSVA) opened an investigation into the matter.

It turned out that Mirabel’s story was fabricated and used to solicit financial support online, as there was no evidence of her being drugged and sexually abused.

It was also reported that the NGO, which offered to assist Mirabel, said she became incommunicado after they had arranged a safe place for a meeting.

The spotlight then shifted to OAU, where a student named Adeife leveled a rape accusation against a fellow student named David.

After the accused protested and threatened a N15 million lawsuit, Adeife retracted, apologised and dragged her parents to travel to Ile Ife, Osun, to physically apologise to David and his parents.

Above are a few recent cases of false accusations of rape and sexual harassment which have spiked with the advent of engagement mining on social media.

Just like rape cases, false accusation of rape and sexual harassment is not new to the society. However, its impact on the accused has not been discussed enough.

A psychologist, Mr Matthew Popoola, said false accusation of rape or sexual abuse left a damaging effect on the accused.

He said false rape allegations cause severe, long-lasting consequences for the accused, including profound psychological distress, immediate loss of reputation, strained relationships, and potential job loss.

“They are as affected as rape victims. In this era of ‘cancel culture’, they are automatically presumed guilty in the court of public opinion, even before they are investigated.

“Many falsely or wrongly accused persons don’t have proof or an alibi, so they just rely on denial. Once the public has convicted them, they carry the stigma forever.

“There is also the issue of blacklisting them in terms of opportunities and other benefits. Many never recover from it, even when proved innocent.

“Even if cleared, the stigma can persist, with legal battles incurring significant financial costs, emotional trauma, and potential wrongful imprisonment,” he said.

Some X (formerly Twitter) users who responded to the Adeife-David case said due to the sensitivity of rape and sexual harassment, and because men are mostly the accused, the odds are often against those falsely accused in terms of seeking redress.

“I think false rape and sexual abuse should be punished to serve as a deterrent.

“Because society wants to see sexual offences punished (and justly so), we should likewise be interested in false accusations and the mental health of the victims.

“Some of them never recover from false allegations, physically, mentally and in terms of navigating through daily life,” Popoola said.

Such was the case of a former Manchester City footballer, Benjamin Mendy, who, in 2021, was arrested on allegations of sexual offences and was suspended by Manchester City.

He was acquitted of all charges against him in two trials in 2023.

Although Mendy returned to football with Ligue 1 side Lorient, he had lost time on his playing career, lost money and carried an irreparable trauma of standing trial twice for an offence he didn’t commit.

What does the Nigerian law say about making a false allegation of rape or sexual harassment?

Barr. James Abbah, a Nasarawa-based legal practitioner, said false allegations of rape and sexual abuse was classified under the Nigerian laws as criminal defamation or giving false information to public officials.

He cited Section 375 of the Criminal Code Act, which punishes the offence with up to two years imprisonment.

“By providing false information with the intent to cause them action against someone, perpetrators face criminal charges.

“Also, if a false accusation is designed to initiate a criminal investigation or judicial proceeding, the accuser can be charged with perverting the course of justice, which carries severe penalties,” he said.

Abbah called for the amendment of the Violence Against Persons (Prohibition) Act 2015, which he said generally focuses on protecting victims of sexual offenses.

“I understand that the VAPP Act does not protect individuals who make false sexual harassment claims. However, it also doesn’t stipulate punishments.

“There should be a clear provision for punishing such false claims to serve as a deterrent.”

Both Popoola and Abbah also agreed that the monetisation of engagements on some social media platforms is causing many users to be reckless with what they say or do online.

They said social media users, mindful of the possibility of making money off their posts, are driven into misinformation and disinformation, including making false allegations and claims to attract views, likes and comments.

Reports made to police agencies, particularly in Western countries, estimate that false allegations constitute between two per cent and 10 per cent of total reported cases.

Should it then be allowed to go unpunished after perpetrators merely retract and apologise?

“Sexual predators deserve to rot in jail. Those wrongly accused of sexual abuse, no matter how few the cases are, should also get justice.

“It is a matter of whether we are willing to punish an innocent person,” Abbah said. (NANFeatures)

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