The Lagos State Government has warned married men against forcing their wives into sexual relations without consent, stressing that perpetrators could face prosecution under the state’s criminal law.
The Director of Public Prosecutions, DPP, in the Lagos State Ministry of Justice, Dr Babajide Martins, gave the warning on Tuesday during a press briefing in Lagos.
Martins spoke at a forum organised by the Domestic and Sexual Violence Agency, DSVA, to mark the commencement of the state’s Domestic and Sexual Violence Awareness Month.
Responding to questions on whether a married woman could seek legal redress if her husband had sexual intercourse with her without her consent, the DPP said consent remained essential.
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He explained that while federal law does not recognise forced sexual intercourse between spouses as marital rape, Lagos State law contains provisions under which a husband could be prosecuted for sexual assault by penetration.
According to Martins, the offence carries a maximum sentence of life imprisonment.
He stressed that marriage does not give a husband the right to force his wife into sexual relations, particularly when she has expressly refused.
“Any man who feels that 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.
Clarifying the legal position in Lagos, the DPP said, “Under Lagos State criminal law, a man cannot be accused of raping his wife if they are together and are on 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.”
Martins urged women who experience domestic or sexual violence to report incidents to the Domestic and Sexual Violence Agency to enable the authorities to take appropriate action.
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