Eniola Yekini
The Lagos State Government has cautioned husbands against having sex with their wives without their consent ,saying such could attract life imprisonment under the state’s criminal law.
The warning was given by the Director of Public Prosecutions (DPP), Lagos State Ministry of Justice, Dr Babajide Martins, during a press briefing to kick off the Lagos State Domestic and Sexual Violence Awareness Month.
Martins gave the clarification while responding to questions on whether a married woman could take legal action against her husband for having sex with her without her consent.
He explained that although Nigerian law does not recognise forced sex between spouses as marital rape, Lagos State law provides for sexual assault by penetration, which carries a maximum punishment of life imprisonment.
The DPP said a husband who forces his wife to have sex after she has refused could therefore be prosecuted under the provision.
He stressed that being married does not give a man the right to force his wife into sexual relations, especially when there is a disagreement between them.
“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 also explained how the law treats forced sex between 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.
He urged women experiencing domestic or sexual violence to report such cases to the Domestic and Sexual Violence Agency for appropriate action.
The press briefing marked the beginning of the Lagos State Domestic and Sexual Violence Awareness Month, an annual campaign aimed at increasing awareness, encouraging victims to report abuse and strengthening support for survivors.