Before I delve into this article, let me share with you a true story, one that is not unique, but shared by many women in Nigeria. This is the story of a woman I know closely, though her name has been changed to protect her identity.
Ada lay in her bed, motionless, the quiet hum of the fan the only sound in the room. She could feel the weight of the pain as it seeped into her bones. Her face, once radiant, was now marred with scars—some fresh, others faded but still visible with the dark marks. Dark circles beneath her eyes told the story of sleepless nights, the agony of waiting for the inevitable. Her lips were swollen, and her body ached from the brutal nights spent under the hands of her husband. The marks on her face were not just from the slap or the punch, but from the constant, unrelenting violation of her body—her dignity stolen every night.
The pain in her vagina was excruciating. Lacerations from forced intercourse had yet to heal, and the physical scars were now permanent reminders of the torture she had endured. Ada’s heart beat in rhythm with her torment, her spirit barely hanging on by a thread. She had no say in her marriage anymore. Her husband’s demands for sex were more than just a husband’s right—they were commands, never once met with a word of consent from her.
She tried to fight him off countless times, but it always ended the same way—with him overpowering her and forcing his way. There were no police, no legal provisions for what she was going through—only silence and a broken spirit that no one could see. Even her body had stopped responding, numbed by the years of abuse.
She was trapped in a marriage that had become a prison, where her screams were drowned out by the sound of her husband’s dominance. She couldn’t even remember when she had last felt like a human being—no longer someone who deserved respect, love, or care. Ada was simply his possession, his to use whenever he pleased.
As she lay there in her bed, her body broken, her soul drained, Ada longed for freedom—freedom that felt more distant than ever.
INTRODUCTION
Of all crimes that could possibly be committed against a woman, rape is arguably the most brutal, more brutal than murder itself because in the latter, she is not alive to relive the horror. A 2018 report on Statista showed that a significant portion of reported sexual abuse cases were committed by husbands or partners; however, due to stigma, cultural beliefs, and legal gaps, many cases go unreported and swept under the rug.
The question of whether a woman can sue her husband for rape remains a contentious issue in Nigerian law. While global legal systems have increasingly recognized marital rape as a crime, Nigeria’s legal framework presents contradictions. Nigerian law does not explicitly criminalize non-consensual sex within marriage. This article examines Nigerian judicial precedents, statutory provisions, cultural, human right perspectives and constitutional arguments to determine whether a wife has legal grounds to sue her husband for rape in Nigeria.
WHAT IS MARITAL RAPE?
According to Esther Joseph Umoren, Marital rape refers to any nonconsensual sexual activity perpetrated by a spouse against their partner within the institution of marriage. It is the husband or the wife having sexual intercourse with another, without his or her consent. As such, it is a form of partner rape of domestic violence, and of sexual abuse
Black’s Law Dictionary defines ‘Marital Rape’ as “a husband’s sexual intercourse with his wife by force or without her consent”. This definition of Marital Rape, from a critical outlook, seems defective, because it retains the antediluvian notion that only women can be raped. Contemporary laws have acceded to the fact that men can also be raped.
The best way to comprehensively define it is to define is descriptively. In Iko v State , rape was defined as ‘a forcible sexual intercourse with a girl or a woman without her giving consent to it’ So, whenever a person has been charged with the offence of rape, the core requirements to ground conviction and which the court must satisfy itself is that the supposed victim did not give her consent. This consent could be given in any manner whether verbally or non-verbally. Thus, the most important and ‘essential ingredient of the offence is penetration and consent of the victim is a complete defense to the offence.
However, to this writer, marital rape is a sexual relation as a result of any form of penetration between a man and a woman without consent which can result to force, physical abuse and torture.
HISTORICAL REVIEW ON MARITAL RAPE: EXEMPTION UNDER THE COMMON LAW
Historically, under the English common law, sexual activity was viewed as immoral, if it occurred outside the confines of marriage. Thus, marriage was the rightful way to morally engage in sexual activity without societal condemnation in an era where women had little or no independence, the husband had control over her in relation to sexual activity in a marriage. Therefore, the husbands did not need the wife’s consent for sexual activity.
Under the common law, the issue over the years has been a thorny one. The first known pronouncement on marital rape exemption was made by Matthew Hale who stated that ‘the husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife has given herself up in this kind unto her husband which she cannot retract’ The statement portrays continued consent as an incident of marriage. Indeed, if there were any personal rights the woman had, they were now suspended in the husband. The view was not left on a solitary lane.
In Regina v. Clarence the court reversed conviction of a man for assault and infliction of grievous bodily harm on his wife after he had had sexual intercourse with her when he had a venereal disease. And in doing so, Hale’s statement was quoted.
In recent times, female writers have been vocal in their criticism of Hale’s view. With reference to Hale’s statement, Diane E. H. Russel, in her work, ‘Rape in Marriage’ states:
This reasoning as to generalized consent that a woman cannot retract her consent to sexual intercourse once she enters into marriage is the same used to argue that, if a woman initially consents to an individual sexual act, she then is proscribed from withdrawing that consent during the act
According to Williams Blackstone, ‘by marriage, the husband and wife are one person in law. The very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband’. This disposition is quite often referred to as ‘unity of parties’. Upon marriage, the man became the owner of the wife. So, the wife’s position was that of a chattel, she was the man’s property. The implication was that wives for a fact were more like dignified slaves. Now that is where the backdrop reaches a low because even slaves were protected from forced intercourse from anyone including their masters
The marital union is assumed to have occasioned a surrender of one’s right over his or her body. In the days when the common law view of ethics and morality was paramount, reference was usually made to the Bible and its provisions on matrimonial issues. For example, Paul in 1 Corinthians 7:4 while urging both husbands and wives to fulfil their marital duty (sex) to each other stated that the wife’s body does not belong to her alone but also to her husband and the reverse is also the case.
Referring to sexual intercourse as a duty owed by spouses to their other halves connote the creation of a right. By the posture of the verse stating that their bodies do not belong to them alone, as in their respective capacities, it means that the other spouse has acquired a certain quantum of interest on the wife’s or husband’s body. Verse 5 of the above chapter urges them not to deprive each other except by ‘mutual consent’ and it should be for a time for purposes of prayer.
The biblical provisions above regarding the giving and withholding of consent is reduced to a moot point by contemporary circumstances. For example, in the above verses, it is easily agreeable that the wife and husband owe each other that reciprocal duty of sexual gratification. However, in the second ambit, they could in reality deprive each other for any reason, prayer does not come within the contemplation. In truth there may be no tangible reason by biblical standards, it is just a person deciding what he or she will do with her body at a particular point in time.
Also, there is no iron cast time within which consent could be withheld. At best, the above verse may be interpreted as saying, though you are within your right, though you could withhold consent for any reason whatsoever, try to consider the other person’s feelings too. It is noteworthy that, the Bible never recommended force as an option for either of the spouses in the event of refusal by the other spouse. In the same manner, the Bible is silent as to the options of the man where the consent is withheld for too long, or when the withholding is unreasonable in the first place.
The matrimonial causes laws usually invoke remedy after a period of one year, for example, in Nigeria, Section 15 (2) (g) of the Matrimonial Causes Act grants dissolution after one year has elapsed and a depriving party has not restored the right. This indeed is a mere legal hurdle to avoid premature dissolution as any marriage where there has been deprivation for that long may have irredeemably broken down. Attempts have always been made to defend the marital rape exemption.
Marriage should be kept private. The premise on which the argument is built sounds logical. After all, marriage presupposes the union of a man and woman to the exclusion of all others. This exclusion to a very large extent binds even the State. To further complicate the argument, the privacy being advocated for between a husband and a wife falls under the department of sexual intercourse which is conveniently the most intimate aspect of their relationship, and which ought to be kept away from public eyes and by all means. Indeed, it may be difficult for a woman to relay to the public that her intimate moment with her husband had no slight resemblance of intimacy but brute force. In many societies, any woman doing so invites her sanity to be questioned and Nigeria is one of such societies.
The right to privacy does not imply that the law should shut its eyes completely as to warrant abuse whether psychological or physical. Thus on privacy alone, the exemption does not stand. One would expect an argument to be made in favor of privacy where the law begins to prescribe the number of times, where and how a couple should engage in sexual intercourse. In Liberta it was stated that:
While protecting marital privacy and encouraging reconciliation are legitimate State interests, there is no rational relation between allowing a husband to forcibly rape his wife and these interests. The marital rape exemption simply does not further marital privacy because this right of privacy protects consensual acts, not violent assaults.
It has been stated that ‘once a marital relationship is at the point where a husband rapes his wife, state intervention is needed for the wife’s protection’.
Before a woman would summon the courage to bring her marriage to the fore of public scrutiny, being fully aware of the stigmatization from the public and the consequence on her marriage, she must have exhausted all other available options. In Weishaupt, it was stated that:
It is hard to imagine how charging a husband with the violent crime of rape can be more disruptive of a marriage than the violent act itself. Moreover, if the marriage has already deteriorated to the point where intercourse must be commanded at the price of violence, we doubt that there is anything left to reconcile
The authors capture it with the statement that ‘In summary, it is the husband’s violent act of rape, not the wife’s subsequent attempts to seek protection through the criminal justice system that disrupt a marriage’.
THE LEGAL GAP AND ITS CONSEQUENCES
The absence of clear laws against spousal rape creates a dangerous loophole, often leading to increased cases of domestic violence this is because when a husband believes he has absolute authority over his wife’s body; it can escalate into physical abuse, sexual coercion and even life-threatening assaults. Many women feel powerless because they assume the law does not protect them. However, this assumption is not entirely true because, while spousal rape itself is not explicitly outlawed, there are legal provisions that can be used to seek justice.
In Nigeria, marital rape is not explicitly criminalized under both the Criminal Code applicable in the southern states and the Penal Code applicable in the northern states due to provisions that either exempt husbands from prosecution or fail to recognize non-consensual intercourse within marriage as a crime. Here is an evaluation of these laws:
1. Section 357 of the Criminal Code Act defines rape as:
Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or if consent is obtained by force, threats, intimidation, false and fraudulent representation as to the nature of the act, or by administering drugs, is guilty of an offense which is called rape.
The key term “unlawful carnal knowledge” in the said section means that a husband cannot be charged with rape because, under Nigerian law, sex within marriage is deemed lawful. However, let’s look at the other requirement, consent. Since it is deemed as lawful but is it with her consent or the consent was obtained by force, threat, intimidation, or fraudulent representation? For a crime to fulfil all the requirements, it must be all encompassing while the marriage is lawful, the absent of consent renders the act unlawful.
However, Section 6 of the Criminal Code further defines unlawful carnal knowledge as one that happens except between a husband and a wife, thereby reinforcing the idea that rape laws do not apply to married couples. A careful examination of the afore-stated provision of Section 6 of the Criminal Code, which interprets the meaning of ‘unlawful carnal knowledge’ as provided in Section 357 of the same code, clearly shows that as a general rule, a rape cannot be committed by a husband against his wife. This is because Section 6 of Criminal Code has defined an unlawful carnal knowledge, as one that has taken place between a man and a woman/girl who are not husband and wife. Under the criminal code, marital rape has been clearly made lawful, and as such, a man cannot be said to have raped his wife under any circumstance.
2. The Penal Code (Northern Nigeria) , Section 282(1) categorically provides that:
A man is said to commit rape who… has sexual intercourse with a woman in any of the following circumstances: (a) against her will; (b) without her consent; (c) with her consent, when her consent has been obtained by putting her in fear of death or of hurt; (d) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; (e) with or without her consent, when she is under fourteen years of age or of unsound mind.
Can we say these provisions explicitly exempt husbands from being prosecuted for raping their wives?
“Sexual intercourse by a man with his wife is not rape, provided that she has attained puberty.”
This provision means that not only is marital rape legal under the Penal Code, but it is also permitted even if the wife is a minor, as long as she is considered to have “attained puberty.”
Without much ado, the provisions of Section 282(2) of the Penal Code clearly provides that: “Sexual intercourse by a man with his own wife is not rape, if she has attained puberty”. Simpliciter, the Penal Code, by virtue of this provision, has explicitly and conditionally created the marital exemption to the offence of rape. By implication, as a general rule, a man cannot be said to have raped his wife under the Penal Code. However, a qualifying clause has been attached to this volatile subsection which states that: only “if she has not attained puberty”. This lucidly implies that a husband will be guilty of raping his wife, only if he has a nonconsensual intercourse with such wife who has not attained puberty. Without much verbosity, the Penal Code has recognized the concept of marital rape, although marital rape enjoys the entertainment of the force of law only if the victim of such marital rape is a wife who has not attained puberty.
3. Sharia Penal Code
Under the Sharia Penal Code, which is more of a regional legislation that has been domesticated by some Islam-dominated States such as Bauchi, Kebbi, Jigawa, Yobe, Borno, Sokoto, Zamfara and Kano, the concept of marital rape has been undoubtedly exiled into oblivion. For instance, by virtue of Section 128(2) of the Sharia Penal Code Law, “Sexual intercourse by a man with his wife is not rape”. This provision has clearly snubbed the concept of marital rape, and has also strongly created a marital exception to the offence of rape under that law.
4. The Violence Against Persons (Prohibition) Act (VAPP) 2015
The VAPP Act 2015 is Nigeria’s most progressive law on sexual violence, but it only applies in the FCT.
Section 1(1) defines rape broadly:
A person commits the offence of rape if—
(a) he or she intentionally penetrates the vagina, anus, or mouth of another person with any part of his or her body or anything else;
(b) without the consent of the other person; or
(c) where such consent is obtained by force, threat, intimidation, or false pretenses.”
Section 1(2) clarifies that consent must be voluntary:
The absence of resistance shall not be regarded as consent to the sexual act.
The VAPP Act does not make any exemption for marriage, meaning that under this law, marital rape is a crime. However, since the VAPP Act is only enforceable in the FCT, its impact is limited.
CAN A MAN BE A VICTIM OF MATRIMONIAL RAPE?
For our society to acknowledge that men are raped, it must first recognize and acknowledge that men can be vulnerable. Both men and women are socialized to see a man as powerful, assertive and in control of their bodies. It may be challenging for some to think of men as being the victims of sexual crimes because it is challenging to recognize men as ‘victims’. .
Given that rape is ‘causing a person to engage in sexual activity without consent’, a man can be tied to a bed for a teasing oral sex, only to be forcefully penetrated by a woman. Erection can be induced by fear and it is not necessarily indicative of pleasure or consent. Women use verbal pressure, persuasion, intoxication, physical violence and physical harms as aggressive strategies to compel men to penetrate them . A woman having sexual intercourse with a man without his consent ought to be considered rape.
Let me say this that the main ingredient of rape is lack of consent, when a man is forced or induced as a result of threat to have a sexual relation with a woman, that is rape, I know you might say what about arousal, nowadays drugs are used and he might be drugged and lured into such act.
A man can be raped if he is forced, coerced, or manipulated into sexual activity without his consent. This can happen through:
1. Physical Force – If someone physically overpowers a man to engage in sexual activity against his will.
2. Threats or Coercion – If a man is threatened (e.g., with harm, blackmail, or loss of something valuable) to force compliance
3. Drugging or Intoxication – If a man is unconscious or too intoxicated to consent.
4. Psychological Manipulation – If emotional or psychological pressure is used to force him into sex.
5. Legal Recognition – Some legal systems recognize “forced penetration” as a form of sexual violence against men, even if the term “rape” isn’t always used.
It’s less commonly reported due to stigma, but legally and practically, men can be victims of rape. Below are some judicial precedents recognizing that a man can be raped or sexually assaulted:
1. UK: Sexual Offences Act 2003
This law broadened the definition of sexual offenses to include forced penetration of a man, making it clear that men can be victims of sexual violence.
In the case of R v. Ismail (2005) A woman forced her male partner to have sex through physical violence and threats. The court recognized that men can be victims of sexual violence, even though UK law at the time defined rape as involving a male perpetrator.
In People v. Yates (1999) A woman was convicted of sexually assaulting a man who was intoxicated and unable to give consent. The case established that lack of consent applies to both genders.
In Commonwealth v. Carey (2000) A Massachusetts court ruled that a woman who forced a man into sexual intercourse against his will could be charged with sexual assault, reinforcing that male victims have legal protection.
2. South Africa: Masiya v. Director of Public Prosecutions (2007)
The Constitutional Court ruled that the definition of rape should be expanded to include forced anal penetration, recognizing that men can also be rape victims.
3. Nigeria: Violence Against Persons (Prohibition) Act (VAPP) 2015
While traditional Nigerian laws defined rape in a way that excluded male victims, the VAPP Act criminalizes all forms of sexual violence, regardless of gender.
THE LEGAL LOOPHOLES THAT ENABLE ABUSE
The argument that marriage rape is not a crime creates a dangerous loophole that emboldens perpetrators and silences victims. If a woman cannot seek justice for sexual violence in marriage, it sets a precedent for other forms of abuse to thrive. Other form of abuse includes:
1. This legal ambiguity encourages domestic violence; if forced sex is legally excused, physical violence may also be normalized within marriage.
2. Expose women to intimidation: Many women remain in abusive marriages, believing they have no legal backing.
4. Deny victims justice: Without a clear law against spousal rape, perpetrators act with impunity.
JUDICIAL PRECEDENTS ON MARITAL RAPE IN NIGERIA
1. IGP v. Samuel Amuta (2018) FCT High Court
In this case, the FCT High Court ruled that under the VAPP Act, a man could be prosecuted for raping his wife. The court held that marriage does not grant absolute sexual rights over a spouse and that a wife has the right to withhold consent at any time.
This case was significant because it was the first Nigerian ruling to recognize marital rape as a crime under the VAPP Act. However, its enforcement remains limited to the FCT.
3. Aondoakaa v. Aondoakaa (2022) Benue State High Court
In this case, a woman sought to divorce her husband on grounds of persistent forced sex without consent (marital rape). The court acknowledged that while marital rape is not explicitly criminalized under Benue State law, it constitutes cruelty under the Matrimonial Causes Act, providing legal grounds for divorce.
While the husband was not convicted of rape, the court’s recognition of forced sex as cruelty opens the door for future legal challenges against marital rape.
THE NIGERIAN CONSTITUTION AND HUMAN RIGHTS ARGUMENTS AGAINST MARITAL RAPE
Several constitutional provisions contradict the exemption of marital rape:
1. Right to Dignity (Section 34 of the Nigerian Constitution 1999, as amended)
Guarantees protection from torture, inhumane, and degrading treatment.
Marital rape violates this right by subjecting women to forced sex against their will.
2. Right to Equality (Section 42 of the Nigerian Constitution)
Prohibits discrimination based on sex.
Exempting husbands from rape charges discriminates against women, violating their rights to equal protection under the law.
3. International Human Rights Treaties
Nigeria is a signatory to CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women), which mandates equal protection against gender-based violence.
The African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9, LFN 2004) guarantees women’s right to bodily autonomy and freedom from sexual violence.
These constitutional and human rights arguments provide a strong legal foundation for challenging Nigeria’s marital rape exemption.
OKAY, NO LAW AGAINST MARITAL RAPE YET? WHAT CAN I DO?
While Nigerian law does not explicitly criminalize marital rape, certain legal provisions may still provide a pathway for women to seek justice.
1. Unnatural Carnal Knowledge under Section 214 of the Criminal Code: with growing sexual trends in society, the law criminalizes certain sexual acts, whether committed within or outside marriage; hence, a woman can still sue her husband if she is subjected without her consent to acts against the “order of nature,” such as anal penetration, bestiality, or some interpretations of oral sex. Since the law does not make exceptions for marriage. A husband cannot claim immunity under this provision.
2. Assault and Battery under Sections 252 & 264 of the Criminal and Penal Code: So assuming a woman resists forced sex and suffers physical harm, she can file a case under Section 252 of the Criminal Code or Section 264 of the Penal Code, which criminalizes. If a woman provides evidence of physical assault, such as bruises, swelling, or bleeding caused by her husband, he can face criminal charges for assault and battery.
3. Divorce & Child Custody Laws: If a woman cannot secure criminal prosecution, she may explore civil remedies such as: Filing for divorce on grounds of cruelty (evidence of non-consensual sex and violence can support the case), Seeking a restraining order under the VAPP Act (if applicable) and applying for child custody by proving the husband is abusive and unfit.
STEPS TO TAKE IN REPORTING MARITAL RAPE
1. Ensure Your Immediate Safety
If you are in immediate danger, leave the house if possible and find a secure place (a friend’s house, a shelter, or a police station).
If leaving is not immediately possible, try to avoid further harm by moving to a safer area within the home and reaching out for help discreetly.
2. Gather Evidence
Medical Evidence: Go to a hospital immediately after the assault. Inform the doctor that you were raped so they can conduct a forensic examination. Request a Medical Report detailing injuries, bruises, or signs of forced penetration.
Photographs & Documentation: If you have bruises, cuts, or any form of injury, take clear pictures with timestamps.
Clothing & DNA Evidence: Do not wash your body or clothes before going to the hospital. If possible, preserve any torn clothes or bedsheets.
Witness Statements: If anyone saw or heard the assault (neighbors, family, or friends), ask them to be willing to provide statements.
Communication Proof: If there are text messages, threats, or confessions in chats, screenshot and save them as evidence.
3. Report to the Police
Go to the nearest police station and ask to report a case of rape (not just domestic violence) under the VAPP Act or any applicable state law.
Take along your medical report, photographic evidence, and any witness contacts.
Insist on getting an incident report number and a copy of your statement.
If the police refuse to act, escalate to a human rights organization or the National Agency for the Prohibition of Trafficking in Persons (NAPTIP).
4. Legal Action & Protection Orders
You may apply for a Restraining Order or Protection Order under the VAPP Act to prevent further harm.
File a criminal complaint with the help of a lawyer or NGO that handles gender-based violence cases.
If divorce or separation is an option, consult a family lawyer to start legal proceedings.
Final Legal Advice
Stay silent about your next steps around the perpetrator to avoid retaliation.
Seek legal representation as soon as possible to ensure your case is properly handled.
Engage NGOs and legal aid services for additional support.
NGOs
Here is list of some organizations in Nigeria that provide support for victims of marital rape and gender-based violence:
1. Global Rights – Based in Abuja, focuses on human rights advocacy and legal support.
2. Women Advocates Research and Documentation Centre (WARDC) – Provides legal aid and advocacy for women’s rights in Lagos.
3. Project Alert – Offers legal assistance, counseling, and shelters for abused women in Lagos.
4. THR Media – Uses technology to support victims of sexual and gender-based violence.
5. HERFessions App – An anonymous support platform for survivors of sexual abuse.
6. Rubies Ink Initiative for Women and Children – Organizes programs like Walk Against Rape to support survivors.
RECOMMENDATIONS: THE WAY FORWARD
1. Domestication of the VAPP Act Nationwide: Each state should adopt the VAPP Act to criminalize marital rape across Nigeria.
2. Judicial Interpretation of Constitutional Rights: Courts should apply Sections 34 and 42 of the Constitution to strike down marital rape exemptions.
3. Public Awareness and Legal Reforms: National campaigns are needed to change cultural attitudes towards consent in marriage.
4. Stronger Support Systems for Survivors: Legal aid, shelters, and psychological counseling should be expanded for survivors of marital rape.
FINAL WORDS AND CONCLUSION
Today, a woman could validly refuse her husband sex. The man’s right lies at the court not in brute force. Such right is enforceable under Section 47 of the Matrimonial Causes It must be noted that enforcement of this right does not imply using legal mechanisms to drive the woman into having sexual intercourse with her husband. The law has recognized the fact that if the refusal or denial of sex is allowed without remedy, it would have vitiated one of the core incidences of marriage. And so, denial of conjugal right could be a ground for dissolution of marriage.
Lord Lane CJ stated that, ‘a rapist remains a rapist . . .irrespective of his relationship with the victim’.
The court further stated that the law should not be based on fiction, that it was fiction to hold the view that a woman once married has consented to her husband whenever he wanted the intercourse
While Nigeria lacks explicit laws criminalizing marital rape, this does not mean that women are without legal recourse. Existing provisions on unnatural carnal knowledge, assault, and battery offer a means to seek justice, not to forget the VAPP Act, which provides additional protection. However, legal gaps continue to leave many women vulnerable, thereby reinforcing the urgent need for legislative reforms.
The legal question of whether a wife can sue her husband for rape depends on location in Nigeria. Under the VAPP Act (FCT), she can. However, in states that rely on the Criminal Code and Penal Code, she cannot. To protect women’s rights, Nigeria must repeal outdated marital rape exemptions, enforce the VAPP Act nationwide, and uphold constitutional rights. Until then, justice for survivors of marital rape remains uncertain.
Until the law protects all, justice remain a privilege, not a right. Now is the time to act.
REFERENCES:
M. Peters, “The History of the word rape” available at http://www.magazinegood, is article.org. Accessed 13th March, 2025.
Iko v State [2001] 14 NWLR (Pt.732) 195
N. Bala, “The History and Future of marriage in Canada”, available at http://www.heinonline.org, Accessed 13th March, 2025.
Matthew Hale, History of the Pleas of the Crown, (Vol. 1, E. & R. Nutt and R. Gosling, 1736) 629
(1888) 22QBD 23
Diane E. H. Rape in Marriage (2d edn., Indiana University Press, 1990) 17
William Blackstone, Commentaries on the Laws of England (Vol 1, 1765) 625-626
Marriage is restricted to a union of man and woman here because same sex marriage is prohibited in Nigeria. See Same Sex Marriage (Prohibition) Act, 2013, s. 1 (a), (b).
People v Liberta, 64 N.Y.2d 152 at 164 (1984)
Warren v State 336 S.E.2d 221 at 225 (1985)
Weishaupt v Commonwealth, 227 Va. 389, 315 S.E.2d 847 (1984).
Sandra L. Ryder and and Sheryl A. Kuzmenka, ‘Legal Rape, The Marital Rape Exemption’ [1991] (24) (2) John Marshal Law Review; 410
The Penal Code (Cap 89, LFN 1963)
Male Victims-National Alliance to End Sexual violence-available at https://endsexualviolence.org. Accessed 13th March, 2025.
S. Weare, “oh you are a guy, how could you be rape by a woman, that makes no sense”. Towards a case for legally recognizing and labeling ‘forced-to penetrate’ eases of rape available at https://www.cambridge.org>journalis>article. Accessed 13th March, 2025.
Under Section 47 of the Matrimonial Causes Act, a party whom conjugal rights have been denied may approach the court for a decree of restitution of his conjugal rights if without any just cause, the party against whom the decree is sought refuses to cohabit with and render conjugal rights to the partner.
By Section 15 (2) (g) of the Matrimonial Causes Act, where the other party to the marriage has for a period not less than one year, failed to comply with a decree of restitution of conjugal rights, it suffices as a ground for the dissolution of the marriage.
Michael Jefferson, Criminal Law (2nd edn, Pearson Education Limited, 2009) 569
supra
ABOUT THE AUTHOR:
Oluwaleye Adedoyin Grace writes from Faculty of Law, Ahmadu Bello University, Zaria, Kaduna State. 400level. She can be reached at: [email protected] 08106289069 or 08155618455