The Lagos State Government has warned husbands against forcing their wives to have sex without consent, saying such acts could lead to 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 a press briefing marking the start of the Lagos State Domestic and Sexual Violence Awareness Month organised by the Domestic and Sexual Violence Agency (DSVA).
Martins said Nigerian law does not recognise forced sex within marriage as rape in such circumstances. However, he explained that Lagos State law provides for sexual assault by penetration, which carries a maximum punishment of life imprisonment.
He said a husband could face prosecution if he forces his wife to have sex after she has refused consent.
“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 added:
“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.
He urged victims of domestic or sexual violence to report cases to the DSVA for legal action.
The awareness month seeks to promote reporting of abuse and improve protection for survivors across Lagos State.
