NEWS
Forced Sex Could Attract Life Imprisonment Under State Law — Lagos DPP Warns Husbands
…says “Sex Without Wife’s Consent Can Attract Life Jail“
The Lagos State Government has issued a strong warning to husbands against forcing their wives to have sexual intercourse without their consent, stressing that such conduct could lead to prosecution and a possible life imprisonment sentence under the state’s criminal laws.
The warning was issued by the Director of Public Prosecutions (DPP) in the Lagos State Ministry of Justice, Dr. Babajide Martins, during a press briefing marking the commencement of the Lagos State Domestic and Sexual Violence Awareness Month.
The awareness campaign, organised by the Domestic and Sexual Violence Agency (DSVA), is aimed at deepening public understanding of domestic and sexual violence, encouraging victims to speak up and strengthening mechanisms for protecting survivors across the state.
During a question-and-answer session at the briefing, Martins addressed the contentious issue of non-consensual sex within marriage and clarified how such cases are treated under Lagos State law.
He explained that although Nigerian law does not recognise marital rape as rape in circumstances involving spouses, the Lagos State Criminal Law contains another provision under which a husband could face prosecution if he forces sexual intercourse on his wife after she has withdrawn or refused consent.
According to the DPP, such conduct may constitute sexual assault by penetration, an offence carrying a maximum punishment of life imprisonment.
Martins emphasised that marriage does not give a husband unrestricted authority over his wife’s body, particularly when there is a dispute between the couple and the wife has expressly refused sexual intercourse.
He also warned men against using the payment of bride price or dowry as a justification for controlling or abusing their wives, urging women facing domestic violence to seek help from the appropriate authorities.
“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.
The DPP further drew a distinction between the legal classification of 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.
“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 clarification places renewed focus on the importance of consent in marital relationships and comes amid ongoing efforts by the Lagos State Government to tackle domestic and sexual violence.
Martins urged women and other victims of domestic or sexual abuse not to remain silent, encouraging them to report incidents to the Domestic and Sexual Violence Agency so that appropriate intervention and legal action can be taken.
The official launch of the Domestic and Sexual Violence Awareness Month is expected to generate increased public engagement on issues surrounding abuse, promote early reporting and reinforce the message that domestic violence should not be tolerated or dismissed as a private family matter.
The Lagos State Government has continued to use the annual awareness campaign to educate residents on their rights, available support systems and the legal consequences facing perpetrators of domestic and sexual violence.