Any Man In Lagos Who Forcefully Sleeps With His Wife Risks Life Imprisonment — Lagos Govt Warns Husbands
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The Lagos State Government has warned husbands against forcing their wives to have sex without their consent, saying such an act can amount to sexual assault and attract life imprisonment under the state’s criminal law.
The warning was issued on Monday by the Director of Public Prosecutions at the Lagos State Ministry of Justice, Adebayo Harow, during a briefing to announce the flag-off of the Lagos State Domestic and Sexual Violence Awareness (DSVA) campaign.
Harow made the clarification while responding to questions on whether a married woman can take legal action against her husband for having sexual intercourse with her without her consent.
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He explained that although Nigerian law does not classify the act as rape when committed within a marriage, Lagos State law provides for prosecution under the offence of “sexual assault by penetration,” which carries a maximum punishment of life imprisonment.
According to him, a husband does not have an automatic right to have sexual intercourse with his wife simply because they are married or because he paid her bride price.
He said where a couple are experiencing marital disagreements and the wife refuses sexual intercourse, the husband has no legal right to force himself on her.
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“Any man that felt because he paid his wife’s dowry, so nobody could challenge him for domestic violence, the wife should report such man to the Domestic and Sexual Violence Agency,” Harow said.
He further explained that the circumstances surrounding the relationship would determine the charge brought against the husband.
“Under Lagos State criminal law, a man cannot be accused of raping his wife if they are together and are in good terms.
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“However, once there’s an issue between them and the wife refuses to have sex with him, the husband cannot force her. If the husband forced her and the wife reported him, we will not charge him for rape but for sexual assault by penetration and the punishment is life imprisonment,” he said.
The Director of Public Prosecutions urged victims of domestic and sexual violence to report incidents to the appropriate authorities, stressing that marriage does not give either spouse the right to inflict violence or force sexual activity on the other.
The warning forms part of efforts by the Lagos State Government to raise awareness about domestic and sexual violence and encourage victims to seek legal protection.
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