Forced Sex With Wife Can Attract Life Imprisonment in Lagos — DPP

The Lagos State Government has warned that a husband who forces his wife to have sexual intercourse against her will could face prosecution and a maximum sentence of life imprisonment under the state’s criminal law.

The Director of Public Prosecutions (DPP), Lagos State Ministry of Justice, Dr Babajide Martins, gave the clarification during a press briefing to mark the commencement of the Lagos State Domestic and Sexual Violence Awareness Month.

Martins was responding to questions on whether a married woman could seek legal redress if her husband had sexual intercourse with her without her consent.

He explained that although Nigerian law does not generally recognise forced sex between spouses as marital rape, Lagos State law contains provisions under which such conduct could amount to sexual assault by penetration.

According to the DPP, the offence carries a maximum punishment of life imprisonment.

He said marriage does not give a husband the right to force his wife into sexual relations when she has expressly refused.

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

He explained that where a woman reports that her husband forced her to have sex after she had refused, the case would not be prosecuted as rape but could be charged as sexual assault by penetration under the applicable Lagos State law.

The DPP also dismissed the notion that payment of a bride price gives a husband unrestricted authority over his wife or shields him from prosecution 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.

Martins urged victims of domestic and sexual violence to report incidents to the appropriate authorities rather than suffer abuse in silence.

The press briefing marked the beginning of the Lagos State Domestic and Sexual Violence Awareness Month, an annual campaign designed to raise public awareness about domestic and sexual violence, encourage reporting and strengthen support for survivors.

The clarification comes amid continuing efforts by the Lagos State Government to address domestic and sexual violence and ensure that victims have access to legal and institutional support.