The Lagos State Government has warned that husbands who force their wives to have sex without their consent risk life imprisonment under the state’s criminal law.
The Director of Public Prosecutions (DPP), Lagos State Ministry of Justice, Dr Babajide Martins, issued the warning during a press briefing in Lagos on Tuesday to mark the commencement of the Lagos State Domestic and Sexual Violence Awareness Month organised by the Domestic and Sexual Violence Agency (DSVA).
Martins clarified the legal position on non-consensual sex within marriage, explaining that although Nigerian law may not classify such an act as rape under certain marital 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He said a husband who forcefully has sexual intercourse with his wife after she has withdrawn or withheld her consent could be prosecuted under the provision.
According to the DPP, consent remains a critical factor in sexual relations, including within marriage, particularly where a spouse has expressly refused to have sex.
“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 further, he said the law distinguishes between rape and sexual assault by penetration in cases involving married couples.
“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 domestic or sexual violence to report such cases to the Domestic and Sexual Violence Agency for appropriate intervention and legal action.
He said victims should not remain silent because of marital, family or social pressures, stressing the need to speak out against abuse.
The warning comes amid a longstanding debate in Nigeria over the issue of sexual consent within marriage.
For years, the concept of marital rape and forced sex within marriage has generated cultural and religious arguments, with some holding the view that marriage gives a husband unrestricted access to his wife’s body.
However, Martins’ clarification has drawn renewed attention to the legal consequences of forced sexual intercourse within a marriage in Lagos State.
The DPP’s position suggests that, under the Lagos State Criminal Law, a husband who disregards his wife’s refusal and forces her into sex could face prosecution for sexual assault by penetration, with life imprisonment as the maximum penalty.
The development is expected to further fuel the debate over consent, culture and the legal rights of spouses, particularly as advocates continue to push for greater protection for victims of domestic and sexual violence.
The Lagos State Government said the Domestic and Sexual Violence Awareness Month was aimed at increasing public awareness and encouraging victims and members of the public to report cases of abuse.
