Lagos warns husbands against forced sex, says offenders face life imprisonment

The Lagos State Government has warned married men against forcing their wives into sexual relations without consent, stressing that marriage does not give a husband the legal right to compel his spouse to have sex.

The Director of Public Prosecutions (DPP) in the Lagos State Ministry of Justice, Dr Babajide Martins, issued the warning on Tuesday during a press briefing in Lagos.

Martins spoke at a forum organised by the Domestic and Sexual Violence Agency (DSVA) to mark the comencement of the state’s Domestic and Sexual Violence Awareness Month.

Addressing questions on whether a married woman could seek legal redress if her husband had sexual intercourse with her against her will, the DPP said consent remained a critical consideration under Lagos State law.

He explained that although federal law does not recognise forced sexual intercourse between spouses as marital rape, Lagos State’s criminal law provides grounds for prosecuting a husband for sexual assault by penetration in certain circumstances.

According to Martins, the offence carries a maximum penalty of life imprisonment.

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He warned husbands against assuming that payment of a bride price or the existence of a marriage automatically gives them the right to force their wives into sexual relations.

“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,” he said.

The DPP further explained the distinction in how such cases could be treated under Lagos law.

“Under Lagos State criminal law, a man cannot be accused of raping his wife if they are together and are on good terms,” Martins said.

“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.”

His comments underscore the state government’s position that domestic relationships do not exempt individuals from accountability for acts of violence or sexual abuse.

Martins urged women experiencing domestic or sexual violence to report such incidents to the DSVA and other relevant authorities, stressing that timely reporting would enable law enforcement and prosecutors to take appropriate action.

The awareness campaign is part of the state’s broader efforts to combat domestic and sexual violence, promote public knowledge of victims’ rights and encourage survivors to seek help and legal protection.