The Lagos State Government has warned husbands against forcing their wives to engage in sexual intercourse without their consent...
The Lagos State Government has warned husbands against forcing their wives to engage in sexual intercourse without their consent, saying such an act could attract life imprisonment under the state’s criminal law.
The Director of Public Prosecutions (DPP), Lagos State Ministry of Justice, Dr. Babajide Martins, gave the warning during the commencement of the state’s 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 her consent, Martins explained that although Nigerian law does not specifically 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 his wife to have sexual intercourse after she has expressly refused consent may be prosecuted under the provision.
Martins warned men against assuming that payment of a bride price gives them the right to force their wives into sexual relations.
“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 State law makes a distinction between rape and sexual assault by penetration in cases involving married couples.
He said:
“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 urged women experiencing domestic or sexual violence to report such incidents to the Lagos State Domestic and Sexual Violence Agency for appropriate intervention and legal action.
The warning comes as Lagos State intensifies efforts to raise awareness about domestic and sexual violence and strengthen the protection of victims across the state.
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