Forced Sex Within Marriage Can Attract Life Imprisonment, Lagos DPP Warns

The Lagos State Government has warned husbands against forcing their wives to have sexual intercourse without their consent, saying such conduct could 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 a press briefing marking the commencement of the state’s Domestic and Sexual Violence Awareness Month, organised by the Domestic and Sexual Violence Agency (DSVA).

Martins, while responding to questions on the legal position of non-consensual sex within marriage, explained that although Nigerian law does not classify forced sex between spouses as rape in certain circumstances, Lagos State law provides for a separate offence known as sexual assault by penetration.

According to the DPP, the offence carries a maximum punishment of life imprisonment.

He explained that a husband could face prosecution under the provision if he forces his wife to have sexual intercourse after she has expressly refused.

“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,” Martins said.

He stressed that the law draws a distinction between rape and sexual assault by penetration in cases involving 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,” he said.

“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.”

Martins urged women experiencing domestic or sexual violence to report such cases to the DSVA and other appropriate authorities to enable them to access protection and legal remedies.

The briefing formally launched the Lagos State Domestic and Sexual Violence Awareness Month, an annual campaign focused on raising public awareness, encouraging survivors to report abuse and strengthening efforts to prevent and respond to domestic and sexual violence across the state.