The Lagos State Government has issued a strong warning to husbands against forcing their wives into sex without consent, saying such conduct could attract life imprisonment under state criminal laws.
The announcement came as the state flagged off its annual Domestic and Sexual Violence Awareness Month.
Speaking at a press briefing, Dr. Babajide Martins, Director of Public Prosecutions (DPP) at the Lagos State Ministry of Justice, explained the legal position on non-consensual sex within marriage.
Responding to a question, he said Nigerian law does not recognise marital rape as rape, but Lagos State’s Criminal Law provides for the offence of sexual assault by penetration, which carries a maximum sentence of life imprisonment.
“A husband who forcefully has sexual intercourse with his wife after she has withheld consent could be prosecuted under that provision,” Martins said. He stressed that consent remains a critical element in sexual relations, even within marriage.
Distinction Between Rape And Sexual Assault
Martins clarified that under Lagos law, rape charges cannot be brought against a husband if the couple is living together harmoniously. However, once a dispute arises and the wife refuses sex, forcing her constitutes sexual assault by penetration.
“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 explained.
He urged women experiencing domestic or sexual violence to report incidents to the Domestic and Sexual Violence Agency (DSVA).
The briefing is the start of Lagos State’s Domestic and Sexual Violence Awareness Month, an annual campaign to raise awareness, encourage reporting, and strengthen protection for survivors.
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