The Lagos State Government has issued a warning to husbands not to coerce their wives into sexual relations without consent, indicating that such actions could lead to life imprisonment under the state’s laws.
Dr. Babajide Martins, the Director of Public Prosecutions (DPP) for the Lagos State Ministry of Justice, delivered this message during the launch of Lagos State’s Domestic and Sexual Violence Awareness Month.
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In response to a query about whether a married woman could legally sue her husband for rape in cases of non-consensual sex, Martins noted that while Nigerian law does not specifically recognize marital rape, Lagos State’s Criminal Law defines sexual assault by penetration, which carries a potential life sentence.
He emphasized that a husband who forcibly engages in sexual intercourse with his wife after she has denied consent could be charged under this statute.
“Any man who believes that paying his wife’s dowry exempts him from domestic violence charges should be reported to the Domestic and Sexual Violence Agency,” he advised.
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Martins further clarified that the law differentiates between rape and sexual assault by penetration within marriage.
“According to Lagos State criminal law, a man cannot be accused of raping his wife if they are on good terms. However, if there is a dispute and she refuses to have sex, he cannot compel her. If he does so and she reports him, we will charge him with sexual assault by penetration rather than rape, which carries a life sentence,” he explained.
The DPP encouraged women facing any form of domestic or sexual violence to report these incidents to the Domestic and Sexual Violence Agency for necessary legal action.
