The Lagos State Government has warned husbands against forcing their wives to have sexual intercourse without their consent, saying offenders could face life imprisonment under the state’s criminal law.
The warning was issued by the Director of Public Prosecutions (DPP) in the Lagos State Ministry of Justice, Dr Babajide Martins, during the launch of the state’s Domestic and Sexual Violence Awareness Month. Read original
What The Law
Speaking on whether a married woman can take legal action against her husband for having sex with her without consent, Martins explained that although Nigerian law does not specifically recognise marital rape, Lagos State law provides another legal route for prosecuting such conduct.
According to him, the offence of sexual assault by penetration carries a maximum punishment of life imprisonment in Lagos State.
Martins said a husband cannot use marriage or payment of bride price as justification for forcing his wife into sexual intercourse after she has refused consent.
He urged women facing domestic or sexual violence to report the matter to the Lagos State Domestic and Sexual Violence Agency.
DPP Explains Marital Sexual Assault
Martins said the law makes a distinction between rape and sexual assault by penetration where the alleged offender and victim are married.
He explained that a husband would not ordinarily be charged with rape under the existing legal framework, but that the situation changes when a wife has expressly refused sexual intercourse and the husband uses force.
He said such a case could result in prosecution for sexual assault by penetration, an offence that carries a possible life sentence.
Martins also warned men against believing that paying a wife's dowry gives them unrestricted rights over their wives.
He advised women experiencing domestic violence or sexual abuse to seek help from the appropriate authorities rather than remain silent.
The Lagos State Government said the awareness campaign is aimed at increasing public knowledge of domestic and sexual violence and encouraging victims to report abuse for appropriate intervention.