Husbands in Lagos State have been warned that forcing their wives into sexual relations could result in prosecution and a sentence of up to life imprisonment under the state’s criminal law.
The warning was issued by the Director of Public Prosecutions, Lagos State Ministry of Justice, Dr Babajide Martins, during a press briefing marking the commencement of the Lagos State Domestic and Sexual Violence Awareness Month.
Martins gave the clarification while addressing whether a married woman could seek legal redress against her husband for having sex with her against her will.
He explained that although forced sex between spouses is not recognised as marital rape under Nigerian law, Lagos State legislation provides for the offence of sexual assault by penetration, which carries a maximum sentence of life imprisonment.
According to the DPP, a husband who proceeds with sexual intercourse after his wife has expressly refused could therefore face prosecution under the relevant provision of the state law.
Martins stressed that marriage did not confer an unrestricted right on a husband to demand sexual relations from his wife, particularly where the couple were experiencing conflict.
He warned men against using payment of bride price as justification for abusive conduct, urging victims to report cases of domestic and sexual violence to the appropriate authorities.
“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.
Explaining the distinction in the application of the law, the DPP said a husband would not ordinarily face a rape charge where the couple remained together and there was no dispute over sexual relations.
He, however, noted that the situation changes when a wife refuses sexual intercourse and the husband uses force.
“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.
Martins called on women facing sexual or domestic abuse to speak out and report incidents to the Lagos State Domestic and Sexual Violence Agency for necessary intervention.
The awareness campaign is intended to deepen public understanding of domestic and sexual violence, encourage victims and survivors to seek help, and strengthen efforts to prevent abuse across Lagos State.