Husbands in Lagos State who force their wives into sexual intercourse without consent face a possible life sentence under state law, the Director of Public Prosecutions has said.
Dr Babajide Martins delivered the warning at the launch of the Lagos State Domestic and Sexual Violence Awareness Month while addressing questions on whether a married woman can take legal action against her husband for non-consensual sex.
Although Nigerian law does not recognise marital rape, Martins noted that the Lagos State Criminal Law creates the offence of sexual assault by penetration, which carries a maximum penalty of life imprisonment.
A husband who has sexual intercourse with his wife after she has clearly withheld consent can be prosecuted under that provision, he explained.
“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 clarified the legal position that applies within 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.”
Martins urged women experiencing domestic or sexual violence to report the matter without delay to the Domestic and Sexual Violence Agency so that the appropriate legal steps can be taken.
