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By Oscar Okhifo
The Lagos State Government has warned that a husband who forces his wife to have sex without her consent could face life imprisonment, in a position that is likely to reignite the long-running debate over whether a woman can be sexually violated by her husband.
The Director of Public Prosecutions (DPP), Lagos State Ministry of Justice, Dr. Babajide Martins, gave the warning during a press briefing in Lagos on Tuesday to announce the commencement of the Lagos State Domestic and Sexual Violence Awareness Month organised by the Domestic and Sexual Violence Agency (DSVA).
Speaking during a question-and-answer session, Martins clarified the legal position on non-consensual sex within marriage in Lagos State, particularly the circumstances under which a husband could face criminal prosecution for forcing his wife to have sex.
Responding to a question on whether a married woman can sue her husband for rape for having sex with her without her consent, Martins explained that while Nigerian law does not recognise marital rape as rape in such 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 withheld consent could be prosecuted under that provision.
According to him, consent remains a critical element in sexual relations, even within marriage, particularly where there is a dispute between spouses.
“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 further explained that the law distinguishes between rape and sexual assault by penetration in the context of marriage.
“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 any form of domestic or sexual violence to report such incidents to the Domestic and Sexual Violence Agency for appropriate legal action.
He stressed the importance of speaking out against domestic and sexual violence, particularly where victims may be reluctant to report abuse because of their marital or family circumstances.
The development comes against the backdrop of a longstanding cultural debate in Nigeria over the concept of marital rape.
For years, many men have pushed back against the idea, arguing that a woman should be available whenever her husband desires sex and dismissing the concept as foreign, un-African or a product of “anarchist feminism.”
Some have even put the argument bluntly: “A wife I properly married, denying me sex? That will be unheard of!”
Another had insisted that “it is un-African and should not be allowed to fly.”
But the latest position from the Lagos State DPP could put that deeply rooted belief to a serious test.
The warning that a husband who forces his wife into sex without her consent could face life imprisonment raises a question that goes beyond the courtroom: will the message resonate across the country?
Will men who have traditionally regarded sex as an unquestionable right within marriage push back? Will cultural and religious arguments be deployed against the emerging legal interpretation of consent within marriage?
The debate also raises a broader question about the place of culture and tradition where they appear to conflict with the law and the rights of individuals within marriage.
For now, there are no easy answers. But as the debate spreads beyond Lagos, one thing is certain: the age-old assumption that marriage automatically confers sexual entitlement on a husband is facing one of its most serious challenges yet.
Time will tell whether the law or patriarchy, will have the final say.