The Lagos State Government has announced that married men who engage in non-consensual sexual relations with their wives will now face prosecution for sexual assault by penetration.
The offender faces a maximum sentence of life imprisonment on conviction.
The Director of Public Prosecutions, DPP, in the Lagos State Ministry of Justice, Dr Babajide Martins, gave the warning on Tuesday at a media briefing in Lagos.
Martins spoke at a forum organised by the Domestic and Sexual Violence Agency (DSVA) to mark the commencement of the state’s Domestic and Sexual Violence Awareness Month.
Addressing whether a married woman can seek legal recourse if her husband engages in non-consensual sexual intercourse, the Director of Public Prosecutions (DPP) emphasized that consent remains essential.
While federal law does not recognize forced spousal intercourse as marital rape, the DPP explained that Lagos State law includes specific provisions to prosecute a husband for sexual assault by penetration.
He stressed that marriage does not grant a husband the right to force sexual relations on his wife, particularly after an explicit refusal.
“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,” Martins said.
Clarifying the legal position in Lagos, the DPP said, “Under Lagos State criminal law, a man cannot be accused of raping his wife if they are together and are on 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.”
Martins urged women who experience domestic or sexual violence to report incidents to the Domestic and Sexual Violence Agency to enable the authorities to take appropriate action.
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