DOMESTIC VIOLENCE OFFENCES: LAGOS GOVERNMENT SAYS MARRIAGE DOES NOT GIVE A HUSBAND THE RIGHT TO FORCE SEX ON HIS WIFE
The Lagos State Government has warned husbands against forcing their wives to have sexual intercourse without their consent, saying such conduct can lead to prosecution and attract life imprisonment under the state’s criminal law.
The Director of Public Prosecutions (DPP), Lagos State Ministry of Justice, Dr. Babajide Martins, gave the warning during the commencement of the Lagos State Domestic and Sexual Violence Awareness Month.
Martins made the clarification while responding to questions on whether a married woman could take legal action against her husband for having sexual intercourse with her without her consent.
According to the DPP, while Nigerian law does not traditionally recognise marital rape as an offence in the same manner as rape involving persons who are not married, Lagos State law provides another legal route for prosecuting forced sexual intercourse within marriage.
He explained that a husband who forces sexual intercourse on his wife after she has withdrawn or refused consent could be prosecuted for sexual assault by penetration, an offence which carries a maximum punishment of life imprisonment under the applicable Lagos State criminal law.
The clarification has drawn attention to the legal limits of marital relationships and the growing emphasis by authorities on consent, domestic violence and the protection of victims of sexual abuse.
Martins warned men who believe that marriage gives them unrestricted rights over their wives’ bodies to reconsider such assumptions.
He specifically cautioned against the belief that payment of bride price or the existence of a legally recognised marriage gives a man the right to force his wife into sexual activity.
“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.
The DPP explained that the issue of consent remains important when examining allegations of forced sexual intercourse between married couples.
According to him, a marriage does not automatically remove a woman’s ability to refuse sexual intercourse, particularly where there is a dispute between the couple and the woman has expressly withheld consent.
He said that where a woman refuses sexual intercourse and her husband nevertheless uses force to have intercourse with her, the appropriate criminal charge in Lagos would not be rape but sexual assault by penetration.
“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,” Martins said.
He added that if the husband uses force and the wife reports the matter, the authorities could prosecute him under the relevant provision relating to sexual assault by penetration.
The warning is significant because cases of domestic and sexual violence frequently involve disputes between people who are married or in intimate relationships.
The Lagos Government’s position places renewed attention on the fact that domestic violence is not limited to physical assault.
Sexual violence within relationships can also form part of domestic abuse, particularly where one partner uses force, threats, intimidation or other unlawful means to obtain sexual activity without the other person’s agreement.
The DPP’s warning also challenges a long-standing cultural belief that a wife has an unconditional obligation to have sex with her husband whenever he demands it.
Under the position outlined by the Lagos Ministry of Justice, such a belief cannot be used as a defence for the use of force.
The issue of marital sexual violence has remained sensitive in Nigeria because of the interaction between criminal law, marriage, culture and traditional expectations surrounding husbands and wives.
The Lagos Government’s awareness campaign is therefore aimed at increasing public knowledge about domestic and sexual violence and encouraging victims to report cases instead of suffering in silence.
Martins urged women experiencing domestic or sexual violence to seek help and report incidents to the appropriate authorities.
He specifically encouraged victims to approach the Lagos State Domestic and Sexual Violence Agency for assistance and appropriate legal intervention.
The warning also serves as a reminder that victims do not have to wait until domestic violence becomes physical before seeking help.
Sexual coercion, threats and forced sexual activity can have serious consequences for victims and may require intervention from law enforcement, medical professionals, counsellors and legal authorities.
The DPP’s comments have also generated renewed discussion about the difference between rape and sexual assault by penetration under Lagos State law.
Although the two offences involve serious violations of sexual autonomy, the legal classification may depend on the circumstances of the alleged offence and the relationship between the parties.
The distinction highlighted by the DPP means that the absence of a marital rape charge does not necessarily mean that a husband who allegedly forces sexual intercourse on his wife is immune from criminal prosecution in Lagos State.
Instead, prosecutors may rely on the applicable provisions of Lagos State criminal law dealing with sexual assault by penetration, depending on the evidence available.
The maximum punishment cited by the DPP — life imprisonment — underlines the seriousness with which Lagos authorities treat unlawful sexual violence.
However, an allegation remains an allegation until properly investigated and established in accordance with the law. Any person accused of an offence is entitled to due process and a fair hearing before a competent court.
The Lagos Government’s campaign comes as authorities continue efforts to increase awareness about domestic and sexual violence and encourage victims to report cases.
The message from the Ministry of Justice is clear: marriage should not be used as a licence for violence or forced sexual activity.
Women who experience sexual or domestic violence are being urged to seek help rather than remain silent because of fear, family pressure, cultural expectations or the belief that marriage prevents them from seeking legal protection.
The Lagos DPP’s statement has consequently placed the issue of consent within marriage firmly back in public discussion, while highlighting the criminal consequences that may follow where force is allegedly used.
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