LAGOS, Nigeria – The Lagos State Government has warned husbands against forcing their wives to have sexual intercourse without their consent, stating that such conduct could attract life imprisonment under the Lagos State Criminal Law.
The Director of Public Prosecutions (DPP) in the Lagos State Ministry of Justice, Dr Babajide Martins, issued the warning during the commencement of the Lagos State Domestic and Sexual Violence Awareness Month.
Responding to a question on whether a married woman can take legal action against her husband for forcing her to have sex without her consent, Martins explained that while 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 forcefully has sexual intercourse with his wife after she has withheld consent could be prosecuted under the relevant provisions of the law.
“Any man who feels that 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,” Martins said.
The DPP further explained that the law distinguishes between rape and sexual assault by penetration in cases involving married couples.
“Under Lagos State criminal law, a man cannot be accused of raping his wife if they are together and are on good terms. However, once there is an issue between them and the wife refuses to have sex with him, the husband cannot force her,” he said.
“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 any form of domestic or sexual violence to report such incidents to the Lagos State Domestic and Sexual Violence Agency for appropriate legal action.
The warning comes as the Lagos State Government continues efforts to raise awareness about domestic and sexual violence and encourage survivors to seek protection and justice through relevant government agencies.
