Lagos govt also encouraged women experiencing domestic or sexual violence to report such incidents for appropriate action.
By Kehinde Okeowo
The Lagos State Government has advised husbands to ensure they obtain their wives’ consent before making love to them, saying forceful penetration attracts life imprisonment under the state’s criminal law.
The warning was issued on Tuesday during a press briefing in Lagos by the Director of Public Prosecutions (DPP) in the State Ministry of Justice, Dr Babajide Martins.
He was addressing participants at the forum marking the commencement of the Lagos State Domestic and Sexual Violence Awareness Month, organised by the Domestic and Sexual Violence Agency (DSVA).
Responding to questions on whether a married woman could take legal action against her husband for having sex with her without her consent, Martins clarified that the woman’s consent is key.
He further noted that although Nigerian federal 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.
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The DPP added that a husband who forces his wife to have sex after she has refused could therefore be prosecuted under this provision.
The Lagos govt also 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 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.
Explaining how the law treats forced sex between married couples, he clarified, “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.”
He went on to urge women experiencing domestic or sexual violence to report such cases to the Domestic and Sexual Violence Agency for appropriate action.
