and that the consent is given because the person believes that he is another man to whom she is or believes herself to be lawfully married; or e) with or without her consent when she is of unsound mind or below eighteen years old.” On the other hand, Section 260 of the said Sokoto State Penal Code Law 2019 which punishes the offence of rape, also provides as follows:“260 (1) whoever commits rape, shall be punished with imprisonment for life or for a term which shall not be less than twenty one years.” From the provisions of Section 259 of the Sokoto State Penal Code Law 2019, which defines rape, the prosecution for the purpose of proving its case beyond reasonable doubt against the defendant as required by the law, is expected and or required to prove the following elements:i) that the defendant had sexual intercourse with a woman; ii) that he had the sexual intercourse with the said woman in any of the circumstances enumerated in subparagraphs (a) – (e) thereof; and iii) that there was penetration. Page 10 of 19