By Daniel Oluwatobiloba Popoola
The Lagos State Government has warned husbands against forcing their wives into sex without 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 announcing the commencement of the Lagos State Domestic and Sexual Violence Awareness Month, organised by the Domestic and Sexual Violence Agency (DSVA).
The briefing, which marked the official flag-off of the annual campaign, was aimed at raising awareness, encouraging the reporting of abuse and strengthening protection for survivors of domestic and sexual violence across the state.
Responding to a question on whether a married woman can sue her husband for rape over non-consensual sex, Martins clarified 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.
He explained that a husband who forces sexual intercourse on his wife after she has withheld consent could be prosecuted under that provision, stressing that consent remains a critical element in sexual relations, even within marriage, particularly where a dispute exists between spouses.
“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.
Martins distinguished between rape and sexual assault by penetration within marriage.
“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. If he does 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.
He urged women experiencing any form of domestic or sexual violence to report such incidents to the agency for appropriate legal action.
