‘Get Her Consent Or Go to Jail;’ Force Sex With Wife Can Attract Life Imprisonment

‘Here’s what the eye of any man that feels he has absolute sex right over wife because he paid her dowry will see,’ full trouble-in-paradise message Lagos State Government has for daddy wa (husbands) about mummy wa(wives)

The Lagos State Government has warned husbands against forcing their wives to have sexual intercourse without their consent, saying such an act could attract life imprisonment under the state’s criminal law.

The Director of Public Prosecutions, Lagos State Ministry of Justice, Dr Babajide Martins, gave the warning during a press briefing to mark the commencement of the Lagos State Domestic and Sexual Violence Awareness Month.

Martins was responding to questions on whether a married woman could seek legal redress against her husband for forcing her to have sex against her will.

He explained that although forced sex between spouses is not recognised as marital rape under Nigerian law, the Lagos State criminal law provides for the offence of sexual assault by penetration, which carries a maximum sentence of life imprisonment.

According to the DPP, a husband who compels his wife to have sex after she has expressly refused could be prosecuted under the provision.

He stressed that marriage did not confer on a man an automatic right to have sexual relations with his wife against her wishes, particularly where there was a disagreement between the couple.

Martins said, “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.”

Explaining the legal position further, he said a husband would not ordinarily be accused of rape where the couple were living together peacefully and there was no dispute over sexual relations.

He, however, noted that the situation changed when a wife expressly refused sex and the husband used force to have intercourse with her.

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“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,” Martins said.

The DPP urged victims of domestic and sexual violence to report incidents to the Lagos State Domestic and Sexual Violence Agency for appropriate intervention and legal action.

The awareness month is aimed at increasing public knowledge about domestic and sexual violence, encouraging victims to speak out and strengthening support mechanisms for survivors.

NOP NIGERIA