The Lagos State Government has warned husbands against forcing their wives to have sex without their consent, saying such conduct could attract life imprisonment under the state’s criminal law.
The warning was issued by the Director of Public Prosecutions (DPP) of the Lagos State Ministry of Justice, Dr Babajide Martins, during a briefing to mark the commencement of the Lagos State Domestic and Sexual Violence Awareness Month.
Martins made the clarification while responding to questions about the legal position on non-consensual sex between married couples in Lagos State.
According to the DPP, although Nigerian law does not classify forced sexual intercourse between spouses as rape in the traditional sense, a husband who forces his wife to have sexual intercourse without her consent could potentially face prosecution for sexual assault by penetration under Lagos State law.
Lagos DPP explains the law on forced sex
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Responding to a question about whether a married woman could take legal action against her husband for having sex with her without consent, Martins explained that the legal distinction between rape and sexual assault by penetration was important.
He said that under the Lagos State Criminal Law, a man cannot be charged with rape in circumstances covered by the marital exemption. However, he stressed that marriage does not give a husband unlimited authority to force his wife into sexual activity.
Martins said that where a wife has clearly withheld consent, particularly when there is a dispute or breakdown in the relationship, her husband cannot use force to compel her to have sex.
“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,” Martins said.
His comments have drawn attention to the importance of consent within marriage and the legal protections available to people experiencing domestic or sexual violence.
What Lagos State law says
The Lagos State Criminal Law contains a specific provision dealing with sexual penetration without consent.
Section 259 of the law states that a person who sexually penetrates another person’s anus, vagina, mouth or another bodily opening without that person’s consent commits a felony and is liable to imprisonment for life.
The law also defines consent as agreement by choice, provided the person has the freedom and capacity to make and communicate that choice.
This provision forms part of the legal basis for the DPP’s explanation that forced sexual penetration could lead to prosecution even where the people involved are married.
The distinction is therefore significant: while the legal classification of rape within marriage may be different under Nigerian law, non-consensual sexual penetration can still potentially expose an offender to a serious criminal charge under Lagos State legislation.
Marriage does not justify domestic violence
Martins also warned men against assuming that paying a bride price or being legally married gives them the right to subject their wives to violence.
“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.
His comments formed part of a wider campaign aimed at increasing awareness about domestic and sexual violence and encouraging survivors to seek help.
The Lagos State Domestic and Sexual Violence Agency has been involved in efforts to improve awareness, reporting and support services for survivors of abuse.
Women encouraged to report abuse
The DPP urged women experiencing domestic or sexual violence to report such incidents to the appropriate authorities rather than remaining silent.
He specifically encouraged victims to contact the Domestic and Sexual Violence Agency (DSVA) for assistance and appropriate legal action.
The warning comes amid continuing efforts by Lagos authorities to tackle domestic and sexual violence and educate members of the public about their rights.
Legal experts have also continued to stress the importance of understanding the specific provisions of applicable laws, particularly because criminal offences and their legal classifications can differ depending on the circumstances.
Consent remains central
The Lagos government’s latest warning has renewed public discussion about consent within marriage.
Being married does not automatically mean that consent to every sexual encounter has been given. Where a person refuses sexual activity, the circumstances surrounding that refusal and any use of force can become legally significant.
For victims of domestic or sexual violence, authorities encourage prompt reporting and access to professional support.
The DPP’s warning therefore serves as a reminder that marriage does not provide a blanket justification for violence or forced sexual activity.
While the legal classification may differ from rape under the marital provisions of Nigerian law, sexual assault by penetration without consent remains a serious offence under Lagos State law and can carry life imprisonment.
Lagos State Ministry of Justice – Criminal Law of Lagos State
