The Lagos State Government has warned husbands against forcing their wives into sex without their consent, stating that such conduct could attract life imprisonment under the state’s criminal laws.
The warning was issued by the Director of Public Prosecutions (DPP), Lagos State Ministry of Justice, Dr. Babajide Martins, during a press briefing to announce the commencement of the Lagos State Domestic and Sexual Violence Awareness Month organised by the Domestic and Sexual Violence Agency (DSVA).
Speaking during a question-and-answer session, the DPP clarified the legal position on non-consensual sex within marriage in Lagos State.
Responding to a question on whether a married woman can sue her husband for rape for having sex with her without consent, Martins explained that while Nigerian law does not recognise marital rape as rape in such circumstances, the Lagos State Criminal Law provides for the offence of sexual assault by penetration, which carries a maximum sentence of life imprisonment.
Here are 3 important things to know about this law.
1. Marriage does not give a husband automatic sexual consent
Being married does not mean a husband automatically has his wife’s consent to have sex with her whenever he wants.
According to the DPP under the Lagos State Criminal Law, where a wife refuses sexual intercourse, her husband cannot simply force himself on her because they are married. A woman can agree to sex at one point and also change her mind.
This is particularly important in situations where a couple is experiencing conflict, separation, or a breakdown in their relationship.
2. Forceful sex attracts life imprisonment
The DPP explained that under Lagos State law, a man cannot be accused of raping his wife if they are together and are on good terms.
If the wife refuses to have sex with him, the husband cannot force her. If the husband forces her and the wife reports him, he can potentially be charged with sexual assault by penetration if there is an issue between them, and the punishment for that offense can be life imprisonment.
In other words, the fact that an offense is not legally labeled “marital rape” does not mean a husband has the legal right to force sex on his wife.
3. Paying a bride price does not give a man ownership of his wife’s body
The Lagos government also addressed the cultural belief that paying a bride price gives a husband unrestricted rights over his wife.
The DPP warned that a man cannot use the fact that he paid his wife’s bride price as a defense against allegations of domestic or sexual violence.
If a woman is being forced into sexual activity or experiencing other forms of domestic or sexual violence, she has the right to seek help.
“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.