Examination Of Spousal Rape In Nigeria, By Olalere Olajide Odunayo ESQ
By Tunde Olorungbotemi
As it stands presently, Spousal rape is not known to the Nigerian law and as such cannot be enforceable in Nigeria.
Rape is defined as a criminal act of forcing a woman or a girl to have sex with you without the persons consent, especially with the use of violence.
Spousal rape means when a partner whom you are legally, traditionally or religiously married to, rape his or her partner in marriage without the partner’s consent.
In this context we shall be dwelling more on the husband raping his wife.
However, in Nigeria the concept of marital rape is not known to the Nigeria law, because it is believed that a woman consent to sexual relation anytime, any day with her husband the moment she was married off and her bride price paid.
According to family law book Author Nwogugu the ‘the parties to a marriage own each other a duty to consummate it’.
By the provisions of section 15(2)(a) of the Matrimonial Causes Acts, it provides for one of the valid ground for dissolution of marriage, which states:
‘’where the defendant has willfully and consistently refused to consummate the marriage’’
By the above provision, where a spouse refuse sexual relations with the partner willfully and consistently, resort is to be had to the court of law for dissolution of the marriage and not to resort to self help by involving in spousal rape.
The provision of the Nigerian Criminal Code, Section 357 merely makes provision for rape outside marriage, the section provides;
‘’ 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 or by means of threats or intimidation of any kind, or by fear of harm or by means of false and fraudulent representation as to the nature of the act, or in case of a married woman, by personating her husband, is guilty of an offence which is called rape’’
While Section 6 of the Criminal Code defines unlawful carnal knowledge as that which takes place otherwise than between husband and wife: and the offence is complete upon penetration.
Spousal rape though mostly seen as unimportant is a very important aspect of marriage.
According to Edikan Ekanem, a spouse’s right to sexual intercourse must be reasonable exercised, and with due regard for the health and the disposition (mood) of the other spouse.
Spousal rape is another form of violence been inflicted on some women in our society, though we act like it’s a minor issue but it’s a major challenge that should be treated with utmost attention, as this form of violence affect the victims, mentally, psychologically, physically and emotionally.
Sex in marriage is an obligation between the married couple but excessive sexual demand which cannot be satisfied by your spouse should be checked, since marriage is about two parties trying to make it work, compromise is a tool for a good marriage.
Everything should not always tilt at the favor of one party to the detriment of the other spouse in the marriage.
A survey carried out by this writer on spousal rape, reveals that a lot of people in Christian marriage ought to sit and talk about excessive sexual demands and come to an agreement which will result to a win win situation.
While one of our respondent stated that, he has never heard about marital rape actually, but if sexual demands cannot be met by the woman, his religion allows for him to marry more than one woman, or he can just divorce the first woman and settle her financially then get another one.
Whatever the stand of our society may be on spousal rape, we are advocating that, spousal rape exist and shouldn’t be shy away from because it directly or indirectly reverts back to the society. Women are human and should be treated justly and rightly.
Worthy of note is that, though there is no law directly dealing with spousal rape, but there is a law that deals with sexual assault in Nigeria.
We humbly submit that, spousal rape is another form of violence mostly suffered by some married women, who really talk about it.
We huge our law makers to look into this aspect of violence and make laws in relation to spousal rape, in other to protect the victims of this form of abuse.
WRITTEN BY
OLALERE OLAJIDE ODUNAYO ESQ
The author is an Ogun state Nigeria based lawyer in private practice.
Email –odunayograce18@gmail.com
As it stands presently, Spousal rape is not known to the Nigerian law and as such cannot be enforceable in Nigeria.
Rape is defined as a criminal act of forcing a woman or a girl to have sex with you without the persons consent, especially with the use of violence.
Spousal rape means when a partner whom you are legally, traditionally or religiously married to, rape his or her partner in marriage without the partner’s consent.
In this context we shall be dwelling more on the husband raping his wife.
However, in Nigeria the concept of marital rape is not known to the Nigeria law, because it is believed that a woman consent to sexual relation anytime, any day with her husband the moment she was married off and her bride price paid.
According to family law book Author Nwogugu the ‘the parties to a marriage own each other a duty to consummate it’.
By the provisions of section 15(2)(a) of the Matrimonial Causes Acts, it provides for one of the valid ground for dissolution of marriage, which states:
‘’where the defendant has willfully and consistently refused to consummate the marriage’’
By the above provision, where a spouse refuse sexual relations with the partner willfully and consistently, resort is to be had to the court of law for dissolution of the marriage and not to resort to self help by involving in spousal rape.
The provision of the Nigerian Criminal Code, Section 357 merely makes provision for rape outside marriage, the section provides;
‘’ 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 or by means of threats or intimidation of any kind, or by fear of harm or by means of false and fraudulent representation as to the nature of the act, or in case of a married woman, by personating her husband, is guilty of an offence which is called rape’’
While Section 6 of the Criminal Code defines unlawful carnal knowledge as that which takes place otherwise than between husband and wife: and the offence is complete upon penetration.
Spousal rape though mostly seen as unimportant is a very important aspect of marriage.
According to Edikan Ekanem, a spouse’s right to sexual intercourse must be reasonable exercised, and with due regard for the health and the disposition (mood) of the other spouse.
Spousal rape is another form of violence been inflicted on some women in our society, though we act like it’s a minor issue but it’s a major challenge that should be treated with utmost attention, as this form of violence affect the victims, mentally, psychologically, physically and emotionally.
Sex in marriage is an obligation between the married couple but excessive sexual demand which cannot be satisfied by your spouse should be checked, since marriage is about two parties trying to make it work, compromise is a tool for a good marriage.
Everything should not always tilt at the favor of one party to the detriment of the other spouse in the marriage.
A survey carried out by this writer on spousal rape, reveals that a lot of people in Christian marriage ought to sit and talk about excessive sexual demands and come to an agreement which will result to a win win situation.
While one of our respondent stated that, he has never heard about marital rape actually, but if sexual demands cannot be met by the woman, his religion allows for him to marry more than one woman, or he can just divorce the first woman and settle her financially then get another one.
Whatever the stand of our society may be on spousal rape, we are advocating that, spousal rape exist and shouldn’t be shy away from because it directly or indirectly reverts back to the society. Women are human and should be treated justly and rightly.
Worthy of note is that, though there is no law directly dealing with spousal rape, but there is a law that deals with sexual assault in Nigeria.
We humbly submit that, spousal rape is another form of violence mostly suffered by some married women, who really talk about it.
We huge our law makers to look into this aspect of violence and make laws in relation to spousal rape, in other to protect the victims of this form of abuse.
WRITTEN BY
OLALERE OLAJIDE ODUNAYO ESQ
The author is an Ogun state Nigeria based lawyer in private practice.
Email –odunayograce18@gmail.com
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