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However, in Nigeria, the law does not recognize the possibility of a husband raping his wife.
This has sparked debates about the need for legal reforms, especially in light of increasing awareness of domestic violence and women's rights. Olusoji Gbolagade Oduntan Esq., a legal practitioner, walked us through what the law says and helped us understand Nigerian laws on marital rape.
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What the Law Says:
Nigeria operates under two main legal systems for criminal offenses:
The Criminal Code (applicable in the southern states)
The Penal Code (applicable in the northern states)
Criminal Code (Southern Nigeria)
Section 357 of the Criminal Code defines rape as: "Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent if the consent is obtained by force, threats, intimidation, fear of harm, or fraudulent representation, or in the case of a married woman, by personating her husband, is guilty of rape."
However, Section 6 of the Criminal Code clarifies that "unlawful carnal knowledge" means sexual intercourse outside of marriage. This means that under this law, a husband cannot be charged with raping his wife, as sexual relations within marriage are considered lawful, regardless of consent.
Penal Code (Northern Nigeria)
The Penal Code follows a similar stance. Section 282(2) states: "Sexual intercourse by a man with his wife is not rape, except if the wife has not attained the age of puberty." This explicitly means that once a woman is of puberty age and legally married, her husband cannot be charged with rape, regardless of whether the intercourse was forced.
The Violence Against Persons Prohibition (VAPP) Act
The VAPP Act, which was enacted to address various forms of violence, including sexual violence, also does not criminalize marital rape. Section 6 of the Act defines "unlawful carnal knowledge" as sexual intercourse outside of marriage, further reinforcing the idea that rape within marriage is not recognized under Nigerian law.
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Implications of the Law:
As the law currently stands:
A married woman cannot accuse her husband of rape, regardless of whether force was used.
The right to consummation is considered a marital obligation.
The only exception is if the wife has not reached puberty (under the Penal Code).
This legal stance has raised concerns, especially in cases where husbands force themselves on their wives despite health conditions, emotional distress, or clear refusal.
Should the Law Be Changed?
Legal experts and human rights activists have called for reforms to criminalize spousal rape, arguing that consent should be a fundamental right within marriage. Olusoji Gbolagade Oduntan Esq., a legal practitioner, highlights the urgent need for change:
I sincerely hope that spousal or marital rape gets criminalized in Nigeria as soon as possible so that men who force themselves on their wives get to be severely punished, and the women get succor from the traumatizing experience. It is bad to the extent that a man will be requesting sex from his wife who recently went through surgery to deliver their baby and is still healing from post-surgery trauma. If such a man forces himself on the woman, the law offers her no protection.
Therefore, as it stands today, marital rape is not a crime in Nigeria. A husband cannot be legally punished for forcing his wife into sexual intercourse. However, with growing advocacy for women's rights and the fight against domestic violence, many Nigerians are calling for legal reforms to criminalize spousal rape and ensure that consent remains key, even in marriage.
Until then, women in abusive marriages facing sexual violence from their spouses have limited legal options, reinforcing the call for urgent legislative change.
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