Lagos government: Husband risks life imprisonment for forcing wife to have sex

By Chris Steven

The Lagos state government says a husband who forces his wife to have sex after she refuses can be prosecuted for sexual assault by penetration and faces life imprisonment under state law.

Babajide Martins, director of public prosecutions (DPP) in the Lagos ministry of justice, spoke at a forum organised by the Domestic and Sexual Violence Agency (DSVA) to mark the commencement of the Lagos state Domestic and Sexual Violence Awareness Month.

Responding to questions on whether a married woman can take legal action against her husband for having sex with her without her consent, Martins said consent remains important in determining whether the act constitutes an offence under Lagos law.

He explained that although federal law does not recognise forced sex between spouses as marital rape, Lagos state law provides for the offence of sexual assault by penetration, which carries a maximum punishment of life imprisonment.

Martins said a husband could therefore be prosecuted under the provision if he forces his wife to have sex after she has refused.

He said marriage does not give a man the right to force his wife into sexual relations, particularly when there is a disagreement between the couple.

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

“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.”

The DPP director also advised women experiencing domestic or sexual violence to report such cases to the DSVA for appropriate action.

Martins warned men against assuming that payment of bride price or being legally married gives them immunity from prosecution for domestic violence.

“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,” he said.