Having sexual intercourse with your wife without her consent attracts life imprisonment – Lagos gov’t warns husbands

The Lagos State Government has warned husbands against forcing their wives to have sex without their consent, saying such an act constitutes sexual assault and could attract life imprisonment under the state’s criminal law.

The Director of Public Prosecutions (DPP), Lagos State Ministry of Justice, Adebayo Haroun gave the warning on Monday during a briefing to announce the flag-off of the Lagos State Domestic and Sexual Violence Awareness (DSVA) campaign.

Haroun made the clarification while responding to questions on whether a married woman could report her husband for rape if he had sexual intercourse with her without her consent.

He explained that although the law does not classify forced sexual intercourse between married couples as rape where the marriage remains intact, the act could amount to “sexual assault by penetration” under Lagos State law.

According to him, a woman has the right to report her husband if he forcefully has sexual intercourse with her after she has refused consent, particularly where there is conflict between the couple.

“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,” Haroun said.

He added that a husband could not rely on payment of bride price or marital status as justification for forcing his wife into sexual activity.

“Under Lagos State criminal law, a man cannot be accused of raping his wife if they are together and are in 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 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 DPP’s warning forms part of efforts by the Lagos State Government to raise awareness about domestic and sexual violence and encourage victims to report abuse.

He urged women facing domestic or sexual violence to seek help from the appropriate authorities rather than remain silent because of marital status or cultural considerations.