The Lagos State Government has warned married men against forcing their wives to have sex without consent, highlighting that perpetrators could face prosecution under the state’s criminal law.
The Director of Public Prosecutions, DPP, Lagos State Ministry of Justice, Dr. Babajide Martins, gave the warning on Tuesday during a press conference in Lagos.
Martins was speaking at a forum organized by the Domestic and Sexual Violence Agency, DSVA, to mark the start of Domestic and Sexual Violence Awareness Month in the state.
Responding to questions about whether a married woman could seek legal redress if her husband had sexual relations with her without her consent, the Public Prosecutor’s Office said consent remained essential.
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She explained that while federal law does not recognize forced sexual relations between spouses as marital rape, Lagos State law contains provisions under which a husband can be prosecuted for sexual assault by penetration.
According to Martins, the crime carries a maximum penalty of life in prison.
He stressed that marriage does not give the husband the right to force his wife to have sexual relations, especially when she has expressly refused.
“Any man who feels that because he paid his wife’s dowry no one can challenge him for domestic violence, the wife should report that man to the Domestic and Sexual Violence Agency,” Martins said.
Clarifying the legal situation in Lagos, the PDP said: “According to the criminal law of Lagos State, a man cannot be charged with raping his wife if they are together and get along well.
“However, once there is a problem 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 with rape, but with sexual assault by penetration, and the punishment is life imprisonment.”
Martins urged women experiencing domestic or sexual violence to report incidents to the Domestic and Sexual Violence Agency to allow authorities to take appropriate action.