Sexual Harassment Bill, 2016 (Part 2)
This bill was sponsored by Sen. Ovie Omo-Agege (LP), Senator Theodore Ahamefule Orji and 44 other senators; this bill seeks to criminalize any form sexual relations between lecturers and students of tertiary institutions in Nigeria. It is the Senate’s answer to the nagging problem of randy lecturers in schools.
BELOW IS THE CONTINUATION OF THE DETAILS
“Sexual intercourse” means penetration of a sexual nature of the vagina or anus or mouth of the student by the penis or mouth or finger of the educator or any instrument or toy by the educator and for this purpose, a male student can be sexually harassed by a female educator.
“Student” refers to any person enrolled in any educational or training programs of a tertiary educational institution or post-secondary institution, and this includes persons seeking admission to study in any tertiary educational institution or post-secondary institution.
“Supervision” means course teaching, training, examining, grading, advising, counseling, and includes any other form of guidance of a student on any academic or non-academic matter.
Relationship of Trust
3. A relationship of authority, dependency and trust shall be construed to exist between an educator and a student in an institution if: (1) the educator is directly or indirectly involved in the full-time or part-time academic training, teaching, advising, supervising and education of the student; or (2) the educator has direct or indirect academic or non-academic authority over the student; or (3) the student depends, directly or indirectly, on the educator in any manner whatsoever. Offences
4. An educator shall be guilty of committing an offence of sexual harassment against a student if he/she – (1) has sexual intercourse with a student who is: (a) less than 18 years of age; or (b) an imbecile or of generally low mental capacity; or (c) blind or deaf or otherwise physically challenged. (2) Has sexual intercourse with a student or demands for sex from a student or a prospective student as a condition to study in an institution; or (3) has sexual intercourse with a student or demands for sex from a student or a prospective student as a condition to the giving of a passing grade or the granting of honours and scholarships, or the payment of stipend, allowance or other benefits, privileges or considerations; or (4) solicits sex from or makes sexual advances towards a student when the sexual solicitation or sexual advances result in an intimidating, hostile or offensive environment for the student; or (5) directs or induces another person to commit any act of sexual harassment under this Act, or cooperates in the commission of sexual harassment by another person without which it would not have been committed; or (6) grabs, hugs, rubs or strokes or touches or pinches the breasts or hair or lips or hips or buttocks or any other sensual part of the body of a student; or (7) displays, gives or sends by hand or courier or electronic or any other means naked or sexually explicit pictures or videos or sex related objects to a student; or (8) whistles or winks at a student or screams or exclaims or jokes or makes sexually complimentary or uncomplimentary remarks about a student’s physique. 5. For the purposes of the offences created in Section 4 of this Act, it shall be a defence that the educator and the student are legally married. 6. It shall not be a defence to any offence created in Section 4 of this Act that a student consented to the offence.
Commencement of Criminal Proceedings
7. A complaint for the offence of sexual harassment may be made by a student or by any other person to the Nigerian Police or to the Attorney-General who shall take necessary measures to commence criminal proceedings against the educator.
Penalty
8. Any person who commits any of the acts specified in Section 4 of this Act is guilty of an offence and shall, on conviction, be sentenced to imprisonment of up to 5 years but not less than 2 years and there shall be no option of a fine.
TO BE CONTINUED
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