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Non-Consensual Marital Sex Carries Life Imprisonment, Lagos Warns

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September 1, 2026
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​The Lagos State Government has issued a stern warning that husbands who force their wives into sexual relations without consent face prosecution for sexual assault by penetration, an offense punishable by life imprisonment.

​The Director of Public Prosecutions (DPP) in the Lagos State Ministry of Justice, Dr. Babajide Martins, delivered the warning during a media briefing launching the state’s Domestic and Sexual Violence Awareness Month. Addressing the legal boundaries of intimacy within marriage, Martins clarified that while broader federal statutes do not classify forced marital intercourse as rape under all conditions, Lagos State’s legal framework provides strict protections through its provisions on sexual assault.

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

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​The DPP explicitly rejected the notion that cultural practices or the payment of a bride price (“dowry”) grant men absolute authority over their spouses or immunity from domestic abuse laws. He urged anyone subjected to domestic or sexual coercion to bypass intimidation and report perpetrators directly to the Lagos State Domestic and Sexual Violence Agency (DSVA).

​The annual awareness month campaign features intensified advocacy, public education, and strengthened support mechanisms aimed at encouraging victims to report abuse and holding offenders accountable. 

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