She came seeking justice after she was gang-raped and infected with HIV. But just when a ray of hope seemed to be appearing on the horizon, concerned observers have reasons to worry that Helen may not get justice in spite of existing legislations against the horror she was subjected to. Senior Correspondent, EVELYN OSAGIE, writes on the developing story of the 19-year-old rape victim published by The Nation two Saturdays ago.
Nineteen-year-old Helen, who was gang-raped in Bariga, Lagos State, and infested with the Human Immuno-deficiency Virus (HIV), is seeking justice. But the road to justice appears to be long and tortuous as investigation reveals fresh facts and controversies. Helen’s battle for justice began penultimate Saturday when her story was first published by The Nation.
Her heart-rending story drew responses from all quarters, following which two of the suspects allegedly involved in robbing and raping Helen at gunpoint were arrested. But medical examinations were said to have revealed that the two suspects arrested are HIV negative, forcing concerned observers to wonder what becomes of Helen and her quest for justice.
Helen’s plight has not only caught the attention of millions of Nigerians, it has also elicited the interest and support of many activist groups, including the Women Arise for Change Initiative (WA). By 4 pm of the day the news broke, all was set for a ‘makeshift’ roundtable at WA office in Lagos. It was led by its President, Dr. Joe Okei-Odumakin, and a network of journalists who are passionate about women and children.
At the forum, Okei-Odumakin saluted the courage of Helen in breaking the silence, saying it takes courage to open up on such attack. She said it was unfortunate that a 19-year-old lady had been added to the list of rape victims.
Okei-Odumakin said: “After reading through Helen’s story in The Nation where Helen called for justice, WA decided to come into the issue to ensure that justice is served. It was Helen yesterday, it could be anybody tomorrow. We must not fold our hands and continue to agonise, but organise and unite to ensure that such culprits are brought to book, no matter how highly placed they are. This is the time for Helen to be strong; all hope is not lost.”
After some consultations, it was decided that making an official report to the police should be the first step in the road to justice. By 6 pm, the group was at the Bariga Police Division to make a case for Helen.
At the station, Helen recounted her ordeal, revealing that on Tuesday, January 28, she was taken from Ago-Owu Street to an open and sandy corner at Adewale Adenaya Crescent, where she was raped by five men. Asked if she knew the culprits, she mentioned Slim Sun (an alias) and his brother (names withheld) as two of the five. The suspects lived opposite Helen on the same street.
According to Helen, whom the incident has turned into a detective of some sorts, although it was early in the day, she saw their faces because aside Adewale Adenaya Crescent which was dark, the lights were on.
Helen said: “I saw their faces when they robbed me. Later that day, as they were sitting in front of their house, I spotted them and knew they were the ones. When I moved close to them as if I wanted to buy something close by, I saw my phone, which had a particular mark, with them. I told my sister and phoned my senior colleagues in the office, but I was told not to accost them, because they might hurt me.
“When I asked about them from the people in the area, I found that many people knew about their illegal activities. Two days after I was raped, while I was going to work in a neighbour’s car, who is a tenant in the suspects’ father’s house, we met another girl who had just been raped close to where I was raped. The tenant confirmed that the boys were suspected criminals.”
Listening to Helen’s story, the Divisional Police Officer (DPO), Edmund Afraimu, a Superintendent of Police (SP), said based on the space of time between when the incident happened and when it was being reported to the police, it would be difficult to establish a case of rape.
He said: “When one is raped, you are to report to the police immediately. Keeping the evidence is another important thing to note. The moment one is raped, the victim should not clean up or change clothes, however messy, but rush to the hospital for proper examination. That would help in pinning down the perpetrators. As it is now, it may be hard to make a case on rape. She was raped in January and she is reporting in June. How can we prove that case?
“Since she said they took her phone and money at gunpoint, that is a case of armed robbery. We will begin investigation immediately.”
And so began investigation into the case. While praising the efforts of the police and the DPO’s response, Okei-Odumakin said the gruesome act had been on the increase in recent times, particularly in the area. She noted that culprits have been feeding on the ignorance and fear of the victims, observing that collective efforts, enlightenment and a more pragmatic legal framework are required to check the trend.
She said: “Our law stipulates that anyone caught goes in for seven years- imprisonment, and it is heart-warming when the House of Representatives passed their own law that anyone caught in the act is liable to life imprisonment.
“However, we have lots of laws in this country but the implementation has been a major impediment; and victims are ignorant about what to do to get justice. More needs to be done to educate the public on what to do.”
WA penultimate Thursday wrote a petition, signed by Okei-Odumakin, to the Lagos State Office of the Public Defender (OPD), calling for legal intervention on behalf of Helen; OPD has since stepped into the case as Helen’s attorney.
Slim Sun, 22, and his brother are already in police custody. However, they have denied the allegations, saying they have never being involved in any criminal activity. While Slim Sun claimed to be a computer engineer with a computer firm in Ikeja, his younger brother says he is a hairstylist at Ogba, Lagos.
Slim Sun said: “I am not a rapist. When they came to our house and told me about it, I was surprised. I was sleeping then and cooperated. And I have never robbed anybody. I didn’t do anything.
“Let’s assume it happened, would I still be staying in the house, knowing that she could identify me? I have never held a gun in my hand. I have never been arrested before for robbery. I am married and have just lost my son.”
His brother claimed he was not even around when the incident occurred, saying: “You can go and ask my boss. On the said day, I was not in the area but at work. I am innocent.”
The suspects’ parents (names withheld) said they were aware of Helen’s rape, but that their children were innocent of the crime.
Their mother said: “I sympathise with her as a woman. I know how it may feel to face such, but my children are not the ones that raped or robbed her. They have never been involved in crime. Everybody knows Fatai. You can come to our area to investigate.”
On Friday last week, an HIV test run on both suspects proved negative, while that of Helen remained positive. The Police asked Helen to undergo more tests to ascertain that she was raped.
But based on the DPO’s earlier observation, observers wondered what the result would be like, given the space of time it occurred. Nevertheless, Helen has produced a report from the hospital where she went for medical checkup the day she was raped. It is the hospital her office uses.
The report, signed by Dr. T.O. Jegede, reads: “Rape examination result: The above named patient was attended to by our facility on January 28, 2014 on account of rape. On examination, patient was depressed, with bruises on the lower/posterior vaginal clitoris and labrium majora. RVS test was done, which was positive.”
In the meantime, the case has been transferred from Bariga to the State Criminal Investigation Department. But observers are worried over Helen’s dilemma, wondering if she still has a case now that two of the suspects have tested negative to HIV. Helen claims to have done her last HIV test two months before the incident took place and it proved negative.
But Helen is being attacked by the defendants’ parents, who said that anything could have happened between then and the time she tested positive. Lawyers, however, say she still has a case and the suspects have a case to answer on rape and armed robbery.
An activist Mrs. Akpoterabor, asked what would become of Helen’s cry for justice in the face of this dilemma, saying it is a representation of the plight and predicament of rape victims across the country.
She said: “If Helen and another lady were raped the same day and another was raped two days after, one cannot but imagine how many ladies and girls have become victims of rape in that area. And every time you go there, you’d hear of fresh rape cases. When will it end?
“If the culprits are HIV positive and are spreading the virus with full force, imagine how many young ladies have been infected. Helen was bold to speak out, but many more are still dying in silence.
“I advise them to break the silence, get tested and treated. The government should really investigate the issue to prevent an epidemic. The police should stop these miscreants before it gets out of hand; that is, if it is not already out of hand.”
