Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The Lagos State Government has issued a stark and unambiguous warning that could fundamentally alter the dynamics of marriage for millions of couples: any husband who forces his wife to have sex without her consent, particularly during a dispute, risks life imprisonment. The Director of Public Prosecutions (DPP) for the Lagos State Ministry of Justice, Dr. Babajide Martins, delivered the warning during a press briefing on Tuesday, September 1, 2026, to kick off the Lagos State Domestic and Sexual Violence Awareness Month.
Martins made the clarification while responding to a question about whether a married woman could take legal action against her husband for having sex with her without her consent. He explained that while Nigerian law does not recognize forced sex between spouses as marital rape, the Lagos State Criminal Law provides for the offence of "sexual assault by penetration," which carries a maximum punishment of life imprisonment. "Under Lagos State criminal law, a man cannot be accused of raping his wife if they are together and are on good terms," Martins stated. "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".
The DPP stressed that being married does not give a man the right to force his wife into sexual relations. He dismissed the notion that paying a bride price grants a husband any authority over his wife's body. "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," Martins declared. The warning comes amid a long-standing cultural debate in Nigeria over the concept of marital rape, where many men have pushed back against the idea of spousal consent, arguing that a wife should be available whenever her husband desires sex. The DPP's statement directly challenges this deeply rooted belief.
The briefing marked the beginning of the Lagos State Domestic and Sexual Violence Awareness Month, an annual campaign aimed at increasing awareness, encouraging victims to report abuse, and strengthening support for survivors. Martins urged women experiencing any form of domestic or sexual violence to report such cases to the Domestic and Sexual Violence Agency for appropriate legal action. He stressed the importance of speaking out, particularly where victims may be reluctant to report abuse because of their marital or family circumstances.
The Lagos DPP's position is a significant legal development, as it provides a clear pathway for prosecuting forced sex within marriage, albeit through the charge of sexual assault by penetration rather than rape. This distinction is crucial, as it allows the state to address the issue while navigating the existing legal framework that does not explicitly criminalize marital rape. The warning raises a fundamental question: will the message resonate across the country? Will men who have traditionally regarded sex as an unquestionable right within marriage push back? Will cultural and religious arguments be deployed against this emerging legal interpretation of consent?. For now, Lagos State has drawn a clear line in the sand: consent is non-negotiable, even within the confines of marriage, and the consequences for violating that principle could be a lifetime behind bars.
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