Lagos State Government has warned husbands against forcing their wives to have sexual intercourse without 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, gave the warning at the commencement of the Lagos State Domestic and Sexual Violence Awareness Month.
Martins, while responding to a question on whether a married woman could sue her husband for rape for having sexual intercourse with her without consent, explained that Nigerian law did not recognise marital rape.
He, however, said the Lagos State Criminal Law provided for the offence of sexual assault by penetration, which carried a maximum sentence of life imprisonment.
According to him, a husband who forcefully has sexual intercourse with his wife after she has withdrawn or withheld consent could be prosecuted under the provision.
“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 explained that the law distinguished between rape and sexual assault by penetration in the context of marriage.
“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 women experiencing domestic or sexual violence to report such incidents to the Domestic and Sexual Violence Agency for appropriate intervention and legal action.
