The Need To Criminalize Marital Rape In Nigeria, by Ojo Babatunde Nelson

by Tunde Olorungbotemi

Marital Rape or spousal rape refers to sexual acts committed without a wife’s consent and/or against her will by the woman’s husband. It is the act of sexual intercourse with one's spouse without the spouse's consent. He may use physical force, threats of force to her or another person, or implied harm based on prior assaults, causing the woman to fear that physical force will be used if she resists. The lack of consent is the essential element and need not involve
physical violence.











According to the Black’s Law Dictionary, marital rape is defined as “a
husband’s sexual intercourse with his wife by force or without her consent”. It is a phenomenon that has generated heated debate between activists and those who still believe in the traditional and moribund belief that a wife is a property of the husband. In traditional African society, there is an assumption and belief that husbands cannot be said to have raped his wife even in the absence of consent and that rape can only occur outside wedlock and not between husband and wife. This ingrained cultural and traditional belief has further contributed to the increase the cases
of domestic violence as well as marital or spousal rape.


According to a study on domestic violence against women, carried out by World Health
Organization in 2006, the most common form of violence against women is perpetrated by their intimate partners, this according to United Nations has made home one of the most dangerous places for women.


Unfortunately, in many parts of Africa, the rape of a woman by her husband isn’t considered a crime owing to the ingrained cultural attitudes about marital rape. In countries like Senegal,Ghana and Nigeria, there is no provision for the offence of marital rape because the conjugal laws of these countries does not criminalize sexual abuse or violence between husband and wife, it is believed that women give up their individual rights once they enter wedlock.










Nonetheless, it must be noted that since the inception of the 20th and 21st century, this belief and notion has been eroded by civilization and western belief that men can be raped and wives can also be raped. The existence and gravity of the offence of marital rape has been established in many jurisdictions across the world. There have been several international legislations, laws and bills that criminalize the offence of marital rape in some other jurisdictions in the world.


One of such is the Article two of the United Nations Declaration on The Elimination of Violence Against Women, The California Penal Code and The Oregon Criminal Code.
There is no denying the existence of marital rape in the society. According to Indiana Coalition Against Sexual Assault, the society is filled with stereotypes about women and sex, who mislead men into believing they should ignore a woman’s protests and that the victim wife must have sent the wrong signals.In Nigeria, there are incessant out cries on social media by women who have been abused domestically and sexually by their spouses, the lack of reports about marital rape in police stations has underestimate the existence of marital rape in the society.










Statistically, an
estimated “…35% of women worldwide have experienced either physical and/or sexual intimate partner violence…” many of who resort to abortion and some end up acquiring HIV. Also, nearly one in five women aged 15 to 49 globally experienced physical, sexual or emotional abuse from
a former or current partner or spouse.


Unfortunately, only fourteen African countries have laws
the criminalize marital rape with Nigeria not inclusive. The likes of Angola, Benin Republic, Burkina Faso, Burundi, Cape Verde, Gabon, Gambia, Guinea Bissau, Ghana, Lesotho, Ivory Coast, Liberia, Mali, Mozambique, have all criminalize marital rape in their various criminal laws.










In Nigeria, the criminal code and the penal code do not provide for marital rape. The two laws only defines the offence of rape within the ambit of our cultural belief that rape can only occur outside marriage or wedlock. Even though there are several outpourings on social media by women who have suffered domestic and sexual assaults by the spouses, the society is still gripped by the ingrained cultural beliefs. There is indeed need for protests by CSOs, NGOs and activists in Nigeria in order to ensured the criminalization of marital rape in our criminal laws.











Most of the reported cases of divorce and broken marriages are as a result of domestic and sexual assaults by spouses. It is thus bewildering why our Criminal Laws are wanting of provisions for marital rape. There is also the need to heal the society of the cultural, religious and sexist norms prevalent in society and orientate the society about marital rape. It is important that the advocacy community in its attempt to provide victim safety and offender accountability, and more importantly in prevention of sexual assault, should take into account the criminal justice and treatment efforts to also address sexual offending behaviour. Furthermore a coalition of organizations should be carried out nationwide. That is, there should be a coalition of different
activists, groups, civil societies, including women’s groups, religious bodies, businesses , and trade unions that are the mouthpiece against all forms of sexual violence in reorientation and enlightenment. There is also the need for adequate education for the girl child instead of being used as hawkers on the street which makes them vulnerable- providing education for the girl child help raise her to have an independent life. Finally, our legislators must be conscientious on
the need for policy change on the issue of rape.


A bill that seeks to criminalize marital rape and reintroduce a very severe and harsh punishment for offenders of both rape and marital rape should be introduced and passed into law. There indeed the need not to only protect the female
gender, but to make our laws conform with international trends, norms and practice.


©Ojo Babatunde Nelson, Ado Ekiti
 07045778112, 09933363234
 Email: babatundenelson60@gmail.com











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