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.
He said that a husband who forcefully has sexual intercourse with his wife after she has withheld consent could be prosecuted under that provision.
According to him, consent remains a critical element in sexual relations, even within marriage, particularly where there is a dispute 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 further explained that the law distinguishes between rape and sexual assault by penetration in the context of marriage.
“Under Lagos State criminal law, a man cannot be accused of raping his wife if they are together and are in 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 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,” he said.
The DPP urged women experiencing any form of domestic or sexual violence to report such incidents to the Domestic and Sexual Violence Agency for appropriate legal action.
The briefing marked the official flag-off of the Lagos State Domestic and Sexual Violence Awareness Month, an annual campaign aimed at raising awareness, encouraging reporting of abuse, and strengthening protection for survivors of domestic and sexual violence across the state.
