LAGOS CLARIFIES: FORCED SEX IN MARRIAGE MAY CONSTITUTE SEXUAL ASSAULT, ATTRACT LIFE IMPRISONMENT

Lagostrend report that Lagos State Government has warned husbands against forcing their wives into sexual intercourse without consent, clarifying that while such an act may not be prosecuted as rape where the marriage remains intact, it can constitute sexual assault by penetration under Lagos State law and attract life imprisonment.

The Director of Public Prosecutions (DPP), Lagos State Ministry of Justice, Adebayo Haroun, gave the clarification on Monday during a briefing to announce the flag-off of the Lagos State Domestic and Sexual Violence Awareness (DSVA) campaign.

Haroun was responding to questions on whether a married woman could report her husband for rape if he had sexual intercourse with her without her consent.

According to the DPP, the law makes a distinction between the offence of rape and sexual assault by penetration in cases involving married couples.

He explained that where a marriage remains intact and the couple are living together harmoniously, forced sexual intercourse may not be classified as rape under the applicable provision. However, where there is a dispute between the couple and the wife clearly refuses sexual intercourse, the husband cannot use his marital status or payment of bride price as justification for forcing himself on her.

“Once there is an issue between them and the wife refuses to have sex with him, the husband cannot force her,” Haroun stated.

He further explained that where such a husband forces sexual intercourse and the matter is reported, the prosecution would not necessarily charge him with rape but could charge him with sexual assault by penetration, an offence which, under Lagos State law, carries a punishment of life imprisonment.

Haroun stressed that marriage does not give either spouse an unrestricted right to force sexual activity on the other, urging victims of domestic and sexual violence to speak out and seek assistance from the appropriate authorities.

He particularly warned men who believe that paying their wives’ bride price gives them immunity from legal consequences for domestic violence.

“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 clarification forms part of the Lagos State Government’s broader efforts to raise public awareness about domestic and sexual violence, protect victims and encourage residents to report cases of abuse.

The government urged women experiencing domestic or sexual violence not to remain silent because of marital status, cultural expectations or fear of stigma, but to seek help through the appropriate channels.

The Lagos State Government reiterated its commitment to strengthening public awareness, protecting vulnerable persons and ensuring that perpetrators of domestic and sexual violence are held accountable under the law.