LAGOS GOVERNMENT WARNS HUSBANDS AGAINST NON-CONSENSUAL SEX, SAYS OFFENCE ATTRACTS LIFE IMPRISONMENT

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By Aishat Momoh. O.

The Lagos State Government has warned husbands against forcing their wives to have sex without their consent, saying such conduct constitutes an offence punishable by life imprisonment under the state’s criminal law.

The Director of Public Prosecution, Lagos State Ministry of Justice, Adebayo Haroun, gave the warning on Monday during a briefing to announce the commencement of the 2026 Lagos State Domestic and Sexual Violence Awareness (DSVA) Month scheduled for September.

Responding to a question on whether a married woman could sue her husband for rape for having sexual intercourse with her without consent, Haroun explained that while Nigerian law does not categorise the act as rape where the parties are married, Lagos State law recognises it as “sexual assault by penetration.”

He said the offence carries a maximum punishment of life imprisonment under the Lagos State Criminal Law.

Haroun explained that a husband could not rely on the payment of bride price or the existence of a marital relationship as justification for forcing his wife to have sexual intercourse against her will.

He said where a couple were experiencing disagreements and the wife refused to consent to sexual intercourse, the husband had no legal right to force himself on her.

“Any man that thought because he paid his wife’s dowry so nobody could challenge him for domestic violence, the wife should report such man to Domestic and Sexual Violence Agency,” Haroun said.

He clarified that where a married couple were living together and there was mutual consent, the husband would not be charged with rape under the state’s law.

“Under Lagos State Criminal Law, a man cannot be accused of raping his wife if they are together and are in good terms,” he said.

“However, once there’s an issue between them and the wife refuses to have sex with him, the husband cannot force her.”

Haroun added that where a husband forced his wife to have sexual intercourse against her will and she reported the incident, prosecutors would pursue the appropriate charge of sexual assault by penetration rather than rape.

“If the husband forced her and the wife reported him, we will not charge him for rape but for sexual assault by penetration and the punishment is life imprisonment,” he said.

The warning comes as Lagos prepares to commence its September 2026 Domestic and Sexual Violence Awareness Month, aimed at raising public awareness about domestic and sexual violence and strengthening efforts to protect victims and hold perpetrators accountable.

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