Lagos DPP: Marital Sexual Assault Warning, Life Sentence Possible

• Lagos State's then-Director of Public Prosecutions, Dr. Babajide Martins, warned husbands that non-consensual sex with their wives can lead to life imprisonment.
• While Nigerian law does not recognize marital rape as 'rape,' Lagos State Criminal Law criminalizes 'sexual assault by penetration' within marriage.
• This offense, applicable when a wife withholds consent, carries a maximum sentence of life imprisonment under the Lagos State Criminal Law marital consent provisions.
• Consent is deemed critical in all sexual relations, even within marriage, particularly during spousal disputes.
• The Domestic and Sexual Violence Agency Lagos encourages victims of domestic or sexual violence to report incidents for legal action.

Under Lagos State law, forcing sexual intercourse upon a spouse after consent has been withheld can lead to a charge of sexual assault by penetration, an offense punishable by life imprisonment.

The Lagos State Government has issued a strong caution to husbands regarding non-consensual sexual acts with their wives, indicating that such conduct could result in life imprisonment under the state's criminal statutes. This significant warning was delivered by Dr. Babajide Martins, who was the Director of Public Prosecutions (DPP) for the Lagos State Ministry of Justice at the time of the press briefing.

The announcement coincided with the launch of the Lagos State Domestic and Sexual Violence Awareness Month, an initiative spearheaded by the Domestic and Sexual Violence Agency (DSVA). Dr. Martins utilized the platform to clarify the legal position on sexual relations within marriage where consent is absent, addressing a critical aspect of domestic and sexual violence prevention in the region.

During a question-and-answer session, the then-DPP directly addressed queries about a married woman's ability to pursue legal action against her husband for non-consensual sex. He underscored the state's commitment to protecting individuals from sexual offenses, even within the confines of marriage, by highlighting specific provisions within the Lagos State Criminal Law.

While Dr. Martins acknowledged that Nigerian law generally does not classify non-consensual sex within marriage as 'rape' in the traditional sense, he emphasized that the Lagos State Criminal Law provides a distinct and equally severe offense: 'sexual assault by penetration.' This legal distinction is crucial for understanding the marital rape Lagos legal position.

Under Lagos State law, forcing sexual intercourse upon a spouse after consent has been withheld can lead to a charge of sexual assault by penetration, an offense punishable by life imprisonment. The then-Director of Public Prosecutions Lagos Martins explicitly stated that a husband who engages in forceful sexual intercourse with his wife after she has withdrawn her consent could face prosecution under this specific provision, highlighting the gravity of the offense and the state's zero-tolerance stance.

Dr. Martins stressed that consent remains a fundamental element in all sexual relations, irrespective of marital status, particularly when disputes arise between spouses. He clarified that while a man might not be accused of raping his wife if they are in a harmonious relationship, the legal landscape shifts dramatically once there is an 'issue' between them and the wife explicitly refuses sexual advances.

In such circumstances, if the husband proceeds to force sexual intercourse, he will not be charged with rape but rather with sexual assault by penetration, which carries the same maximum sentence of life imprisonment. The then-DPP also dismissed the notion that paying a dowry grants a man immunity from domestic violence charges, urging wives experiencing any form of abuse to report such incidents to the Domestic and Sexual Violence Agency Lagos for appropriate legal intervention.

The briefing served as the official launch for the Lagos State Domestic and Sexual Violence Awareness Month, an annual campaign designed to elevate public awareness, encourage the reporting of abuse, and bolster protection mechanisms for survivors of domestic and sexual violence across the state. The then-Director of Public Prosecutions Lagos Martins reiterated the importance of this initiative in fostering a safer environment for all residents.

Women experiencing any form of domestic or sexual violence were strongly encouraged to utilize the resources provided by the Domestic and Sexual Violence Agency Lagos. This agency plays a vital role in facilitating legal action and providing support to victims, ensuring that the state's legal framework, including the Lagos sexual assault by penetration marriage provisions, is effectively applied to protect its citizens.

Lawyers advising clients in Lagos on domestic disputes or sexual offenses must understand the distinction between 'rape' and 'sexual assault by penetration' within marriage, as the latter carries a maximum sentence of life imprisonment and applies even when consent is withdrawn by a spouse. This clarification impacts defense strategies and victim advocacy, requiring careful consideration of the specific charges applicable under Lagos State law.

Source: Original reporting via Leadership