The Lagos State Government has warned husbands against forcing their wives to have sex without their consent, saying such conduct could lead to prosecution for sexual assault by penetration, an offence that carries a maximum sentence of life imprisonment under the state’s criminal law.
The Director of Public Prosecutions of the Lagos State Ministry of Justice, Dr Babajide Martins, gave the clarification during a press briefing marking the commencement of the state’s Domestic and Sexual Violence Awareness Month.
Martins spoke during a question-and-answer session organised by the Domestic and Sexual Violence Agency, where he addressed the legal position on non-consensual sex between married couples in Lagos.
According to the DPP, although Nigerian law does not recognise forced sexual intercourse between spouses as marital rape in the circumstances he described, Lagos State law provides for sexual assault by penetration.
He explained that a husband cannot rely on the fact that he is married to a woman to force her to have sex when she has clearly withdrawn her consent.
“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,” Martins said.
He further explained the distinction between rape and sexual assault by penetration under the Lagos State Criminal Law.
“Under Lagos State criminal law, a man cannot be accused of raping his wife if they are together and are in good terms.”
However, Martins said the situation changes when there is a dispute between the couple and the wife refuses sexual intercourse.
“Once there is an issue between them and the wife refuses to have sex with him, the husband cannot force her.”
He said that where a husband forces his wife to have sexual intercourse after she has withheld consent, prosecutors would charge him with sexual assault by penetration rather than rape, with the offence carrying a potential life imprisonment sentence.
The DPP urged women experiencing domestic or sexual violence to report such cases to the Domestic and Sexual Violence Agency so that appropriate legal action can be taken.
The briefing formally marked the beginning of the Lagos State Domestic and Sexual Violence Awareness Month, an annual campaign focused on increasing public awareness, encouraging survivors to report abuse and strengthening protection for victims of domestic and sexual violence across the state.
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