The Director of Public Prosecutions (DPP), Lagos State Ministry of Justice, Dr Babajide Martins, gave the warning during a press briefing to mark the commencement of the state’s Domestic and Sexual Violence Awareness Month.
Martins explained that while Nigerian law does not classify forced sex within marriage as rape in such circumstances, Lagos State law provides for sexual assault by penetration, which carries a maximum punishment of life imprisonment.
He stressed that a husband cannot use the payment of his wife’s dowry as justification for forcing her into sexual relations.
“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,” he said.
The DPP further explained that the law distinguishes between rape and sexual assault by penetration within marriage.
“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 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,” he said.
Martins urged victims of domestic and sexual violence to report cases to the Domestic and Sexual Violence Agency for appropriate legal intervention.
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