The Lagos State Government has warned husbands against forcing their wives to have sexual intercourse without their consent, saying such conduct could attract life imprisonment under the state’s criminal law.
The Director of Public Prosecutions (DPP), Lagos State Ministry of Justice, Dr Babajide Martins, issued the warning at the commencement of the Lagos State Domestic and Sexual Violence Awareness Month.
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 expressly recognise marital rape, the Lagos State Criminal Law provides for the offence of sexual assault by penetration, which carries a maximum sentence of life imprisonment.
According to him, a husband who forces sexual intercourse on his wife after she has clearly withheld consent could be prosecuted under the provision.
Martins stressed that marriage does not give a husband the right to subject his wife to sexual or domestic violence.
“Any man that feels because he paid his wife’s dowry, nobody can challenge him for domestic violence, the wife should report such a man to the Domestic and Sexual Violence Agency,” he said.
The DPP further explained that Lagos law makes a distinction between rape and sexual assault by penetration in cases involving married couples.
He said a husband would not ordinarily be prosecuted for rape where the couple are living together amicably, but the situation changes when a wife withdraws her consent and the husband uses force to have sexual intercourse with her.
“Under Lagos State criminal law, a man cannot be accused of raping his wife if they are together and are in good terms. However, once there is an issue between them and the wife refuses to have sex with him, the husband cannot force her.
“If the husband forces her and the wife reports him, we will not charge him for rape but for sexual assault by penetration, and the punishment is life imprisonment,” he said.
Martins urged victims of domestic and sexual violence to report incidents to the Lagos State Domestic and Sexual Violence Agency to enable authorities to investigate and take appropriate legal action.
He emphasised that being married does not confer an unrestricted right to sexual intercourse and that victims should not remain silent in the face of abuse.
