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URGENT NEED FOR MORE LEGAL INTERVENTION TO CURB SEXUAL VIOLENCE 

AGAINST FEMALE STUDENTS IN NIGERIA’S TERTIARY INSTITUTIONS* 

  

ABSTRACT:  
Globally and in Nigeria, tertiary institutions are known for academic and moral excellence targeted at 

shaping leaders and intellectuals for the development of the world. However, this is not the case today 

because educational institutions have lost the moral fabric that holds it due to incessant sexual 

harassments perpetrated toward female students both in developed and developing countries like 

Nigeria. This negativity has transformed the respect and integrity accosted to tertiary institutions 

tagged with reports of sexual harassment. This work will attempt to investigate the likely causes of 

sexual violence in Nigeria’s tertiary institutions, and thereafter proffer solutions to the identified 

problems. The study will examine the meaning, forms, causes, and effects of sexual harassment in 

Nigeria’s tertiary institutions. It will also look into how sexual violence is curbed in some other 

jurisdictions, aside Nigeria and thereafter make some recommendations. 

 

Keywords: Higher Institution, Sexual Violence, Tertiary Institution, Sexual Harassment. 

 

1. Introduction 

Sexual violence is so entrenched that it has become a regrettable part of the social fabric in Nigeria and 

the world at large. It is a violent crime that has no place in any ideal society and no one can justify its 

prevalence in any community that thrive on mutual trust particularly our Tertiary Institutions. Sexual 

harassment is becoming a common occurrence among students and the most vulnerable groups are the 

weak (mentally, financially and physically) female students.  Both male lecturers and Students take 

undue advantages to abuse weak female Students. Although, sexual harassment is not exclusive to 

Female Students alone, male Students most times face same violent acts, but it is not proportional to 

that of the Female Students. This is facilitated by the degree of freedom of social interaction among 

young men and women encouraged by the learning environment and lack of parental supervision 

because female students are away from home.1 Sexual harassment also occurs in Nigeria’s Nursery, 

Primary, Secondary Schools, Polytechnics, Colleges of Education and so on. The level of Sexual 

harassment that goes on in our Tertiary Institutions is alarming. In Nigeria, aside from some laws that 

generally prohibit sexual violence like the VAPP Act, Criminal Code, Penal Code, and so on, there is 

no law expressly criminalizing sexual violence or harassment in Nigeria’s tertiary institutions. As such, 

the criminalisation of sexual misconducts in educational institutions has become imperative. More so, 

sexual harassment has been in existence for a very long time, with very little done to address the 

situation holistically.  

 

It is pertinent to affirm here that the vast majority of cases of sexual violence against female university 

students in Nigeria go unreported for various reasons associated with stigmatisation, character 

assassination, public backlash and limited access to justice for victims. Many Students who are victims 

of this harassment are not bold enough to report to School authorities for fear of being victimised in 

their examinations by the culprit Lecturers and therefore most of them suffer in silence. In many cases, 

female students who have reported such cases have been subsequently targeted for reprisals by thugs, 

cultists or University Teachers who are Colleagues of the culprit. Most Nigerian communities believe 

in male supremacy; hence, Sexual harassment is most times perceived as an acceptable exercise of 

male's prerogative over women's sexuality. Due to the prevailing incidents of Sexual harassment in 

                                                           
*By Sylvia Chika IFEMEJE, PhD, Professor and Dean, Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State, 

Nigeria. Phone: 08135726962 Email: sc.ifemeje@unizik.edu.ng,  

*Nwamaka IGUH, PhD, Senior Lecturer, Faculty of Law, Nnamdi Azikiwe University Awka, Nigeria; and 

*Chinwendu Prisca OKEKE, LLB, LLM Candidate, Faculty of Law, Nnamdi Azikiwe University Awka, Nigeria.Phone 

No: 08062172171. Email: prisca.nwankwo@yahoo.com. 
1AA Kulima, B Audu, MB Kawu and AG Mairiga, ‘Sexual Assault against Female Nigerian Students’, (2010) 14(3), African 

Journal, Of Reproductive Health, 93.  

 

     

 

 

mailto:sc.ifemeje@unizik.edu.ng


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Schools, Colleges and University campuses, Nigerian Scholars are gradually embarking on studying 

the nature and trends of Sexual harassments in Nigeria Higher Institutions, hence this research2. 

 

2. Meaning and Forms of Sexual Violence 

Sexual violence is a form of physical violence which includes forcing a person to participate in 

unwanted, unsafe, or degrading sexual activities. It is any sexual act, attempt to obtain a sexual act, 

unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person’s 

sexuality using coercion, by any person regardless of their relationship to the victim in any setting, 

including but not limited to home and work. 3. More so,  forms of  Sexual violence include rape, wife 

rape, defilement, unwanted sexual advances or harassment including demanding sex in return for 

favours, sexual abuse of mentally or physically disabled people, forced marriage or cohabitation, denial 

of the right to use contraception or to adopt other measures to protect against sexually transmitted 

diseases, forced abortion, forced prostitution and trafficking of persons for the purpose of sexual 

exploitation and violent acts against the sexual integrity of women including female genital mutilation 

and obligatory inspections for virginity4, incest and other forms of sexual abuses.  Research has shown 

how the penis and rape is been used as a weapon and an effective way by men to intimidate women and 

girls5. Umeobi6 categorize the penis as topping the list of dangerous weapons on violence against 

women whose unauthorized use should be vehemently prohibited. An example of real sexual stories on 

sexual violence in Nigeria’s Educational Institutions reported by the media is the story of an academic, 

Dr Boniface Igbeneghu, who was a Lecturer at the University of Lagos. He was caught on camera, 

sexually harassing a disguised 17-year-old admission seeker 7 He was exposed following an 

investigative report by BBC Africa tagged ‘Sex for Grades’ where an undercover journalist disguised 

as a 17-year-old Secondary School graduate who was seeking admission to University of Lagos State. 

Dr. Boniface promised her good grades and admission if she succumbs to his sexual advances failure 

of which she will lose out. The Lecturer was suspended by both the University and Foursquare Gospel 

Church. 

 

Furthermore, sexual violence is not limited to women alone but can also be perpetrated against men, 

although not proportional to that perpetrated against the female folk. This work will focus on the form 

of sexual violence and harassment perpetrated by male teachers to female students’, male students to 

female students, male non academic staffs to female students, violence against the integrity of women, 

unwanted sexual advances and so on8 within the educational circle. 

 

3. Likely Causes of Sexual Violence in Higher Institutions 

There are various factors that have been found to be the causes of sexual violence. These causes include 

but are not limited to the following.  Olatunji et al9 observed in their study that decline in the school 

cultural value system tends to encourage sexual harassment in tertiary institutions. They further stated 

that alcohol and drug use (e.g cocaine) by students and lecturers alike are the major causes of sexual 

violence and harassment in tertiary institutions. These intoxicants are most times taken with the 

intention that they aid reduce academic stress and when these people are intoxicated, they don’t consider 

the consequences of their actions thereby perpetrating sexual violence against their victims. On the 

                                                           
2 OO Badejo, et al,’ Sexual Assault in Ile Ife, Nigeria’, (2014)  Niger Med J. 55.254-259 
3WHO Violence against Women, A priority Health Issue 1997. United Nations Organization, Declaration on the Elimination 

of all form of Violnece against Women, UN General Assembly 1993, New York A/RES/48/104 
4World Report of Violence and Health, (2014) <https://www.who.int/violence-injury- prevention/violence/ global-

campaign/en/chap6.pdf> accessed on 29th December 2019. 
5C Arinze-Umobi, Domestic Violence against Women in Nigeria: A Legal Anatomy, (Onitsha: Folmech Publishers, 2009) 

p.14. p.113. 
6 ibid 
7N Lawal, ‘Unilag Lecturer caught on video sexually harassing admission seeker’. Read more: 

<https://www.legit.ng/1263795-unilag-lecturer-caught-video-sexually-harassing-admission-seeker.html> accessed on 5th 

December 2020. 
8NA Adeleke et al, Sexual Assault against Women at Oshogbo South Western Nigeria’, (2012) 15(2) Niger J Clin Pact. 190-

193 
9BA Olatunji,  AS Iyekolo, AO Ayorinde, A Samuel, (2013) Lecturers’ Perception of Causes and  Consequences Of Sexual 

Assault In Tertiary Institutions Of Kwara State, Nigeria. Research on Humanities and Social Sciences 3(20). 82-87 



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other hand, Imonike et al10 argued that female students are the causes of their own predicament because 

most of them believe that ‘you can use what you have to get what you want’, simply to get high grades 

from their lecturers. Also, some students rely on their womanhood scale through school because they 

are morally bankrupt. As a result of this, they seduce fellow male students and examiners. They also do 

so by dressing in obscene and revealing dresses to captivate the attention of the perpetrators, thereby 

making it difficult for administrative, non administrative and their co-male students to concentrate in 

school environments. However, the researcher disagrees with Imonike et al and states that indecent 

dressing is not sufficient reason for staffs to breach the duty of care bestowed on them in the unequal 

relationship they share with female students. Lastly, Olaigbe and Fagbenro11 stated lack of academic 

integrity, indecent dressing, declining academic standards, inadequate security, gender stereotype, lack 

of specific policies on sexual harassment, and patriarchal Configuration of the society as cause of sexual 

harassment in tertiary institutions. The researcher strongly agrees that lack of specific policies and laws 

against sexual harassment in schools are one of the major causes of the prevailing increase of sexual 

violence against women in Nigeria institutions.  

 

4. Effect of Sexual Violence 

The threat and incessant rise of sexual violence in Nigeria’s tertiary institutions has consequences that 

are far reaching both for female students and for the prestige of the institution in question. Below are 

brief illustrations of some effects of sexual violence thus: Psychological Problems e.g. female students 

can be vulnerable to stressful traumatic symptoms which are capable of distorting their thoughts and 

comes in form of depression, sleeplessness, fear, post-traumatic stress disorder, loss of trust and so on. 

More so, it can lead to a lower academic standard of tertiary institutions (the institution will be seen as 

a school that gives certificate or marks for sex), loss of academic interest and school drop-out (for 

females who experience sexual harassments and are often frustrated and making them drop grades  or 

by a long-term drop out from school. In the same vein, health challenges can ensue as an effect of sexual 

violence, For example, female's victims are frequently infected with HIV/AIDS and other sexual issues 

such as transmitted infections, unwanted pregnancy and other health related problems.  

 

5. Legal Framework on the Fight against Sexual Violence 

 

International Legal Frame Work  

 

The United Nations Declaration of Human Rights 1948 

This law affirms that all human beings are born free and equal in dignity and rights12. It prohibits torture, 

inhuman and degrading treatment or punishment and provides for equality before the law. This therefore 

means that the right of women should be respected and this includes the prohibition of sexual violence 

in tertiary institutions. 

 

Declaration on the Elimination of Violence against Women 199313 

This law condemn all form of psychological and physical violence against women. It has been ratified 

but is yet to be domesticated as part of Nigerian Laws. The law recommended that State parties ensure 

laws are enacted against family abuse, rape, sexual assault and other forms of GBV14 

 

Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW) 

CEDAW provides that States should ensure that any Act or practices of discrimination against women 

are curbed. It also states that appropriate measures should be taken to eliminate discrimination against 

both men and women for equality of all. Also, CEDAW Committee listed a wide range of obligations 

                                                           
10J Imonike, P Idogho, O Aluede, (2011), A Survey of Teachers’ and Students’ Perception of Sexual  Harassment in Tertiary 

Institutions of Edo State, Nigeria, 5(5) International Multidisciplinary Journal, Ethiopia, Pp. 412-423. 
11TA Olaigbe and DA Fagbenro (2021) Fighting Female Sexual Harassment in Nigerian Tertiary Institutions, Journal of 

International Cooperation and Development, 4(1), 103-116 
12 UNDHR 1948, ARTICLE 1 
13 Article 1 
14Para 24(b) Committee on the Elimination of Discrimination against Women; General Recommendation (1992) on violence 

against Women. 



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of State parties to combat sexual violence, appropriate treatment for victims in the justice system, 

counselling and support services, medical and psychological assistance to victims and so on15. 

 

National Legal Framework 

The Constitution of Nigeria (as amended in 2011) is the supreme Law for curbing sexual violence 

against women in Nigeria. Chapter 4 deals extensively with fundamental human right and sexual 

violence is a breach of chapter 4. More so, section 34 prohibits the violation of people’s right to dignity 

of human person and torture. Furthemore, the VAPP Act is another law that prohibits sexual violence 

in Nigeria. This Act was signed by the former President Good luck Jonathan on 25th of May 2015. The 

Act deals with sexual violence in sections 1, 6, and 26 which covers the offence of rape, female genital 

mutilation, incest, indecent exposure of one genital organ respectively. Some States have also enacted 

their own laws protecting female victims from sexual violence. For instance, Ekiti State Gender-Based 

Violence (Prohibition) Law, 2019 to address gender based violence (GBV) perpetrated against women 

in which sexual violence is included as a form of GBV. Furthermore, section 352 of the Criminal Code 

which is applicable in Southern Nigeria provides for 14 years imprisonment for anybody that assaults 

another with the intent to have carnal knowledge of him or her against the order of nature is guilty of a 

felony. More so, the law provides that anyone who has unlawful carnal knowledge of a woman or girl, 

without her consent or with her consent, if the consent is obtained by force or by means of threats or 

intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to 

the nature of the act or in the case of a married woman, by personating her husband, is guilty of an 

offence which is called rape16. Under the Criminal Code, the punishment for rape is life imprisonment17.  

 

In the same vein, the Penal Code 18 is applicable in Northern states of Nigeria, and is replete with 

provision against sexual violence offence punishable with seven years’ imprisonment and a fine19. 

Rape20 is said to occur under the Penal Code where a man has sexual intercourse with a woman in any 

of the following circumstances: (a) against her will, (b) without her consent, (c) With her consent, when 

her consent has been obtained by putting her in fear of death or hurt.(d) With her consent when the man 

knows that he is not her husband and that her consent is given because she believes that he is another 

man to whom she is or believes herself to be lawfully married.(e) With or without her consent, when 

she is under fourteen years of age or of unsound mind. Under the Code, mere penetration is sufficient 

to constitute sexual intercourse necessary for the offence of rape and the punishment for rape is life 

imprisonment21. This is commendable, as it will be serving as deterrence to perpetrators. Aside from 

these laws, there is no law or policy expressly prohibiting sexual harassment in tertiary institutions in 

Nigeria. Commendably, there is a proposed legislation on Sexual harassment in Nigeria; it was 

sponsored by the Senate Deputy President, Ovie Omo-Agege22. The bill, is titled, ‘A Bill for an Act to 

Prevent, Prohibit and Redress Sexual Harassment of Students in Tertiary Educational Institutions and 

for other matters connected therewith 2019’. The bill proposes up to 14 years jail term, with a minimum 

of five years, without an option of fine, for any educator who commits sexual offences in Tertiary 

Institutions. Section 2 of the bill defines Sexual harassment to include sexual intercourse between an 

Educator and a Student where the Student is below the age of 18 years or is an imbecile or of generally 

low mental capacity or is physically challenged, any unwelcome sexual attention from an Educator who 

knows or ought reasonably to know that such attention is unwelcome to the Student; any unwelcome 

implicit or explicit behaviour, suggestions, messages or remarks of a sexual nature that have effect of 

offending, intimidating or humiliating the Student or a related person in circumstances which a 

reasonable person having regard to all the circumstances would have anticipated that the Student or 

such related person would be offended, intimidated or humiliated; any implied or expressed promise of 

                                                           
15Committee on the Elimination of all forms of Discrimination of Violence against Women, General Recommendation No.19 

(Eleventh Session, 1992) U.N Document CEDAW/ C/1992/L.1/Add, 15 
16 Criminal Code, Laws of the Federation of Nigeria 2004, section 357. 
17 Ibid, section 358 
18 Penal Code Act, 1960 
19 Ibid, Section 281 Penal Code 
20 Ibid, Section 282 Penal Code 
21 Ibid, Section 283 
22H Umoru, ‘Sexual harassment on campus: How Reps, ASUU blocked first Bill against perpetrators’, (2019) < 

https://www.vanguardngr.com/2019/10/sexual-harassment-on-campus-how-reps-asuu-blocked-first-bill-against 

perpetrators/> accessed on 2nd February 2021. 

https://www.vanguardngr.com/2019/10/sexual-harassment-on-campus-how-reps-asuu-blocked-first-bill-against


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reward by an Educator to a Student or related person for complying with a sexually oriented request or 

demand; or any implied or expressed threat of reprisal or actual reprisal from an Educator to a Student 

or related person for refusal to comply with a sexually oriented request or demand23. Section 3 shows 

that the Bill, if passed into law will extend beyond Lecturers as it relates also to non-academic staffs. 

This is a welcomed development, because more often than not, Lecturers have been at the receiving 

ends of similar laws as this forgetting that other non-administrative Staffs and co- student are also 

culpable. Unlike most other Sexual offences, the bill provides that consent shall not be a defence as the 

only tenable defence to the offences created under Section 4 of the bill is that the Educator and the 

Student are legally married. The Student or any other concerned person could further report to the 

Nigerian Police Force or to the Attorney-General for criminal prosecution.  

 

The bill further saddles the Administrative Head with the responsibility of ensuring the protection of 

any student that files a Sexual harassment complaint from victimization. Any Educator, who victimizes 

a Student because of Sexual harassment complaint filed, shall be liable to the same punishment as the 

Educator whom the Student originally complained against24. The Bill also recommends expulsion or 

suspension for Students whose claim of being serially abused by Lecturers or Educators are found to be 

false by any competent Court25. Although encouraging, it is opined that this Bill is not all encompassing 

but limited in scope because it does not include Sexual violence perpetrated by Student against his/her 

fellow Student, and Sexual violence perpetrated in Nursery, Primary and Secondary Schools.. The Bill 

was passed by the 9th Senate on the 7th of July 2020. It has been passed to the House of Representative 

for concurrence after which it will be sent for assent26. 

 

6. Curbing Sexual Harassment in Some Other Jurisdictions 

Sexual harassment is not particular to Nigeria alone but is a universal phenomenon that occurs in 

Universities across the globe. On this basis, it is thoughtful that an insight of how some countries strive 

to curb sexual harassment in their Educational Institutions be looked into.  

 

In the United States of America, studies have it that incidents of Sexual harassments are shockingly 

prevalent in College Campuses Nationwide. Sexual assault disproportionately affects Female Students, 

although both male and female are targets of violence on Campus, and impedes survivors’ ability to 

participate fully in their education.  The Title IX of the Education Amendments of 1972 is the Federal 

Law that prohibits Sex discrimination in education. It promotes equal opportunity by providing that no 

person should be subjected to discrimination on the basis of sex under any educational programme or 

activity receiving federal financial assistance. Under the law, sexual violence refers to physical sexual 

acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g due to the 

student’s age or use of drug, alcohol or an intellectual or other disability that prevents the student from 

having the capacity to give consent).27 Sexual harassment is seen as an unwelcome conduct of a sexual 

nature, including unwelcome sexual advances, requests for sexual favours, and other verbal, nonverbal, 

or physical conduct of a sexual nature. Schools are mandated to respond promptly and effectively to 

sexual harassment including sexual violence that creates a hostile environment. Title IX protect 

Students from unlawful Sexual harassment in all School programs or activities whether they take place 

in the facilities of the School, at a class or training program sponsored by the School at another location, 

or elsewhere. Title IX protects both Male and Female Students from Sexual harassment, regardless of 

who the harasser may be. Title IX has long required schools to evaluate their current practices, adopt 

and publish a policy against sex discrimination, and implement grievance procedures providing for 

prompt and equitable resolution of Students and employees discrimination complaints. Schools are also 

required to appoint a Title IX coordinator to oversee these activities, review complaints and deal with 

patterns or systemic problems (even when there are no formal complaints). The School must notify 

Students of their assigned coordinators. After investigation on a complaint of Sexual harassment, Title 

                                                           
23 Ibid 
24 Ibid 
25Ibid 
26I Queen Esther, ‘Senate passes Anti- Sexual Harassment Bill’.<http://www.premium timesng.com> accessed on 7th 

December 2020.  
27Intersection of Tittle IX and the Clery Act, ‘Document created by the White House Task Force to protect Students from 

Sexual Assault’ (April 2014), <http://www.justice.gov/archives/ovw/page/file/910306/Download>accessed 24thMay, 2020.  



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IX requires the School to inform the complainant the outcome of the investigation. Whether or not it 

found that the Sexual violence occurred, any individual remedies offered or provided to the complainant 

or any sanctions imposed on the perpetrator that directly relate to the complainant, and other steps the 

School has taken to eliminate the hostile environment and  prevent recurrence.28 Sanctions that directly 

relate to the complainant include but are not limited to ensuring that the perpetrator stays away from 

the complainant until both parties graduate, prohibiting the perpetrator from attending school for a 

period of time or transferring the perpetrator to another hall, other classes or another school. 

 

Another law used to combat sexual harassment in Educational Institutions is the Clery Act, 1990 the 

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) 

requires Colleges and Universities who participate in Federal financial aid programs to disclose campus 

crime statistics and security information and every school provides this information publicly. The Clery 

Act promotes Campus safety by ensuring that Students, employees, parents and the broader community 

are well informed about important public safety and crime prevention matters. Institutions that receive 

Title IV funds must disclose accurate and complete crime statistics for incidents that are reported to 

Campus Security Authorities (CSAs) and local law enforcement as having occurred on or near the 

Campus. Schools must also disclose Campus safety policies and procedures that specifically address 

topic such as Sexual assault prevention, drugs and alcohol abuse prevention and emergency response 

and evacuation.29 The Clery Act also promotes transparency and ongoing communication about campus 

crimes and other threats to health, safety and empowers members to take a more active role in their own 

safety and security.  

 

Also in 2019, the Congress reauthorized the Violence against Women Act and included provisions to 

include campus safety. School are now required to report additional crime statistics, (on domestic 

violence, dating violence, and stalking), update procedures following an incident of Sexual violence, 

and provide prevention and bystander intervention training to all Students and employees30. Institutions 

must disclose crime statistics for Clery reportable offences that occur on its so-called ‘Clery 

Geography’. Clery Geography includes three general categories: Campuses31, non Campus building or 

properties32or public properties33. The Clery Act requires institutions to issue timely warning to the 

Campus community about crimes that already occurred but may continue to pose a serious or ongoing 

threat to Students and Employees. Timely warnings are only required for Clery reportable crimes that 

occur on Clery Geography although Institutions are encouraged to issue appropriate warnings regarding 

other criminal activities that may pose a serious threat as well.34 The Clery Act specifically mandates 

that each Institution shall develop and distribute procedures for simultaneously notifying the accusers 

and accused of the outcome of Institutional disciplinary proceedings.35 In the same vein, since 1968, 

the Department of Education has administered the Civil Rights Data Collection (CRDC), which collects 

data on key education and civil rights issues in our Nation’s public Schools. The CRDC has been 

improved to shed additional light on the pervasiveness of sex discrimination, including sexual 

harassment and violence, in Schools. 

 

                                                           
28ibid 
29Ibid. 
30Ibid, See also 20 U.S.C. s 1092(f) (1) (f) (iii) and 20 U.S.C. s 1092(f) (7). 
31Intersection of Title IX and the Clery Act, Ibid, Campus is defined as any building or property that an institution owns or 

controls within a reasonably contiguous area that directly support or relate to the institution’s educational purposes.  On campus 

also includes: residence halls and properties the institution owns and students used for educational purposes that are controlled 

by another person (such as a food or retail vendor). The definition of controlled, includes all such properties that are leased or 

borrowed and used for educational purposes.20 u.s.c. s.1092 (f) (6) (ii). 
32Intersection of Title IX and the Clery Act, ibid, non-Campus building or properties is defined as any building or property 

that is owned or controlled by a recognized student organization and any building or properties that is owned or controlled by 

the institution that is used in support of its educational purposed but is not located within a reasonably contagious area to the 

campus. See 20 U.S.C. s 1092(f) (6)(iii). 
33Intersection of Title IX and Clery Act, Ibid, public property is defined as all public property within the reasonably contiguous 

geographic area of the institution that is adjacent to all accessible from a facility the institution owns or controls and that is 

used for educational purposes. Examples include sidewalks, street, and parking facilities. See 20 U.S.S.C. s.1092 (f) (6) (iv). 
34Intersection of Title IX and Clery Act, See also 20u.s.c. s.485 (1) (j) (3): Handbook, 118. 
35Intersection of Title IX and Clery Act, Ibid. See also 20 U.S.C. S 485f(1)(j)(8)(b)(iv)(iii)(aa) 



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In the same vein, the Australia’s Respect Now Always campaign was introduced by Australia’s 39 

Universities. The campaign sought to raise awareness of Sexual assault and Sexual harassment, make 

support services for Students more visible and accessible, obtain data to guide further improvement in 

University policy and practice, and help Universities share best practice resources.36 As part of the 

campaign, Universities Australia also developed ten-point action plans which include initiatives such 

as respectful relationships education and specialist training for University Staff and Counsellors. In 

January 2019, the Tertiary Education Quality and Standards Agency (TEQSA) released their report to 

the Federal Minister of Education on Higher Education Provider responses to Sexual assault and 

harassment. Overall, TEQSA found the majority of Universities have done the following: 

 Accepted the Change the Course recommendations and are responding to the issue of Sexual 

assault and Sexual harassment 

 Established a Sexual assault/Sexual harassment task-force 

 implemented or strengthened a policy on Sexual assault and Sexual harassment 

 conducted external or internal reviews of existing policies and response pathways 

 offered online and face-to-face training for University Staff and support services 

 offered counselling services (some of whom collaborate with external rape/sexual assault 

support services) 

 Reported incident data internally.37 

 

The initiatives and actions taken to date by the majority of Australian Universities are commendable 

but so much more needs to be done within and beyond Universities to curb sexual harassment in 

Australia.                                                                                                                       

 

Thirdly, in South Africa, various Acts protect Student against the misuse of power by Educators. Sexual 

harassment in the classroom is managed in terms of Section 9 of the South Africa Constitution which 

states that girls/boys must be treated equally in schools and be free from sexual harassment in any way. 

All learner have the right to equal schooling,38 the right not to be unfairly discriminated against,39the 

right of protection of dignity and integrity,40the right to freedom,41 privacy42 and to a safe environment.43 

Sexual harassment infringes upon each and every one of these above stated rights granted by the 

Constitution. An amendment to the Employment of Educators Act44 ensures that disciplinary actions 

has to be taken against educators who are found guilty of having a Sexual relationship with a learner 

who attends the same school where the educator teaches, even if there was mutual consent, and requires 

the dismissal of such educators from their employ. The same goes for an educator who sexually harasses 

a learner. The South African Council for Educators (SACE) will ensure that such a teacher’s name is 

struck from the role and that the person may not be employed elsewhere as an educator, not even by 

private institutions or by any other provider. This principle is guided by Section 23(c) of the South 

African Council for Educators Act.45 The relationship between learners and educators is inherently 

unequal and fragile, and is prone to misuse by whom the power rests. The most prevalent defence raised 

by the Educators was mutual consent, which can never be considered true consent. Furthermore, South 

African Universities responsibilities to address GBV on campus derive from among others, the Criminal 

Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, the Domestic Violence Act 

116 of 1998 and the promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and 

the Department of Higher Education and Training Policy. While most Universities in South Africa have 

Sexual harassment Legislations and policies, the efficacy of these policies have been brought into 

                                                           
36The Conversation, ‘Universities have made progress on responding to sexual assault, but there’s more to be done’ 
(2019)<http://theconversation.com/universities-have-made-progress-on-responding-to-sexual-assault-but-theres-
more-to-be-done-111343> accessed 5th February 2021. 
37Ibid. 
38South Africa Constitution, 1996 s.29. 
39Ibid s.9  
40Ibid s.10. 
41Ibid s. 12. 
42Ibid s.14. 
43Ibid s.24 
44Employment of Educators Act 76 of 1998, Section 17(b), (c) and (d) (as amended by the education Amendment Act, 53 of 

2000. 
45South African Council for Educators Act (SACE) 31 of 2000. 



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question given the low reporting rates46. This is a complex issue for Universities to deal with as they 

want to be perceived as taking Sexual harassment seriously but at the same time, if they actively address 

it there is a concern that there will be an increase of reporting which could tarnish their institutional 

image47  Further, it must be reiterated that while many Universities have policies many Technical and 

Vocational Education and Training (TVET) Colleges do not48, in South Africa. 
 

7. Conclusion and Recommendations 
From the investigation, it is glaring that sexual violence is a great concern that requires prompt attention to 

rectify the incessant rise of sexual violence, and to ameliorate the suffering of female students in higher 

institutions both in Nigeria and worldwide. In the same vein, sexual harassment can be caused by various 

factors like decline of cultural values, intake of hard drugs and intoxicants, indecent dressing, poverty and 

patriarchy. It also has adverse effect on students and could lead to sleeplessness, loss of academic interest, 

dropping out from school, HIV and AIDS, unwanted pregnancy and so on. It is also obvious that Nigeria 

Tertiary institutions lack express law to deter, regulate and punish sexual harassment in Higher Institutions. 

As such, the immediate assent of the ‘Bill for an Act to Prevent, Prohibit and Redress Sexual Harassment of 

Students in Tertiary Educational Institutions and for other matters connected therewith 2019’ is 

recommended. The assent of the bill into law and the enforcement of other laws combating sexual violence 

is necessary to creating a conducive, disciplined and healthy environments to ensure that the prestige of 

higher institutions are maintained, and students are given equal and safe ground to excel academically. 

Furthermore, legal interventions alone is not sufficient to curb sexual violence in tertiary institutions, 

therefore, media houses, community based approach, medical personnel, religious leaders and so on should 

be  involved in the fight against sexual violence in tertiary institutions. 

 
Curbing sexual violence against female students in Nigeria’s higher institutions is largely centred on the 

criminal justice system, laws and its implementation and enforcement. More so, multidimensional approach 

should be utilized whereby education, legal intervention, community based approach, religious intervention, 

medical practitioners and so on are collectively used to combat sexual violence in tertiary institutions. For 

instance, medical practitioners should ensure that victims experience extended care, advice and safety by 

conducting physical examination and recording it, sensitizing students on the danger of rape, sexually 

transmitted diseases and so on and lastly directing victims to seek legal aid in case the fall victim to sexual 

violence. More so, students should be sensitized by educational communities via school curriculum, 

seminars, workshops, and other public means of disseminating Information. Furthermore, the media (e.g. 

television, radio, social media and so on) should be involved to change students and the public mindset on 

sexual violence. Students should also be advised to report sexual violence and a reputable means should be 

created to allow students privately report sexual violence with the enactment of express policies to combat 

sexual violence. 

 

Furthermore, looking at the methods employed by the United State of America, South Africa and Australia 

to curb domestic violence in their Educational Institutions, as discussed above, it is further recommended 

that Nigeria emulate or take the following tips: There should be creation and enhancement of a feasible Law 

and Policy on Sexual harassment in Nigeria that will cut across all Educational Institutions. The 

implementation of the proposed Law should be monitored by an agency created specifically to handle such 

Sexual harassment cases. Universities should launch self-awareness and healthy behavior programs to 

educate students on the dignity of human beings irrespective of gender, class and age. There should be equal 

participation of women and men in Institutions. More female staffs are needed to participate in the decision-

making process of the Institutions. Gender specific knowledge should be integrated in the curriculum. 

Colleges and Universities should conduct training sessions on Sexual harassment for faculty, staff, and stu-

dents. These training sessions should be mandatory, held annually and have the active support and 

participation of the administration. Statistics should be kept on sexual violence, its increase or reduction rate 

and the extent of its eradication in Educational Institutions Nationwide.  

 

                                                           
46A Gouwsand   and A Kritzinger, ‘Dealing with sexual harassment at institutions of higher learning: Policy implementation 

of a South African University’, (2007), 21 (1) South African Journal of Higher Education, 68-84. 
47ibid 
48Department of Higher Education and Training (DHET), 2017. Addressing Gender-Based Violence in the Post-School 

Education and Training Sector: Draft Policy and Strategy <https://www.news.uct.ac.za/iMa 

ges/userfiles/downloads/media/PolicyFramework_DraftZero_v7_September2017.pdf>accessed on 21st May 2019 


