THE EFFICACY OF FORENSIC EVIDENCE IN THE PROSECUTION OF SEXUAL VIOLENCE CASES IN NIGERIA; CHALLENGES AND PROSPECTS

Dandy Chidiebere Nwaogu(1), Peculiar Ebehiremen Osahon(2),


(1) Department of Jurisprudence and International Law, Faculty of Law, University of Benin
(2) Faculty of Law, University of Benin
Corresponding Author

Abstract


This study investigates the efficacy of forensic evidence in prosecuting sexual abuse cases in Nigeria, especially given the rising number of such crimes and the need for a strong legal response. Forensic evidence, which includes DNA testing, toxicology reports, and digital data, can make prosecutions more credible and convincing. However, several challenges prevent its effective use in Nigeria. Key issues include poor infrastructure and resources in forensic labs, which often lack modern equipment and trained staff. Cultural stigma surrounding sexual abuse makes victims hesitant to report incidents, and existing laws may not support the timely collection and analysis of evidence. Financial constraints also make it difficult for victims and law enforcement to access necessary forensic services. Additionally, there is a lack of awareness and training among legal practitioners and police about how to properly use forensic evidence. Despite these challenges, there are promising opportunities for improvement. Advances in technology can enhance how evidence is collected and analyzed. Training programs for forensic experts, law enforcement, and legal practitioners can improve investigations and prosecutions. Public awareness campaigns can help reduce stigma and encourage victims to come forward, while legal reforms can make it easier to use forensic evidence in court. This study also aims to include case studies of successful prosecutions that effectively used forensic evidence, as well as examples of cases that failed due to systemic issues. By comparing Nigeria's approach to international best practices in other jurisdictions such as South Africa and The United States of America. This study highlights the need for collaboration among healthcare professionals, legal experts, and forensic scientists.

Keywords


DNA Testing, Forensic Infrastructure, International Best Practices, Legal Framework, Nigeria Criminal Justice System, Sexual Abuse

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