Lagos Govt Warns Husbands: Forcing Sex on Wife Can Lead to Life Imprisonment

Lagos Govt Warns Husbands: Forcing Sex on Wife Can Lead to Life Imprisonment

The Lagos State Government has issued a stern warning to husbands, stating that forcing sex on a wife without her consent can lead to life imprisonment under the state’s criminal law, even though such an act is not legally classified as rape within marriage.

The Director of Public Prosecutions (DPP) for the Lagos State Ministry of Justice, Dr Babajide Martins, gave this warning during a press briefing to kick off the Lagos State Domestic and Sexual Violence Awareness Month on Monday, August 31, 2026. The announcement was part of a broader campaign by the state government to raise awareness about domestic and sexual violence and encourage victims to seek legal protection, marking the beginning of a month-long initiative focused on combating gender-based violence across the state.

Responding to questions about whether a married woman could take legal action against her husband for having sex with her without consent, the DPP provided a crucial legal clarification. He explained that while Nigerian law does not recognise forced sex between spouses as marital rape, the Lagos State Criminal Law provides for the offence of “sexual assault by penetration,” which carries a maximum punishment of life imprisonment. This distinction is significant because it means that although a husband cannot be charged with rape under the law, he can still face the same severe penalty under a different legal provision, effectively closing what might otherwise appear to be a loophole in the law.

The DPP drew a distinction based on the state of the marriage, explaining that the legal interpretation depends on the relationship between the spouses at the time of the incident. “Under Lagos State criminal law, a man cannot be accused of raping his wife if they are together and are in good terms,” he explained. However, he stressed that the situation changes when the couple is estranged or in disagreement, emphasizing that the breakdown of marital harmony removes any presumption of consent. “Once there is an issue between them and the wife refuses to have sex with him, the husband cannot force her. If the husband forces her and the wife reports him, we will not charge him for rape but for sexual assault by penetration, and the punishment is life imprisonment,” Martins stated, making it clear that the law provides robust protection for women even within the context of marriage.

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This legal interpretation was further clarified by Professor Akeem Olajide Bello during a University of Lagos inaugural lecture in April 2026, adding academic weight to the DPP’s position. He explained that while Section 260 of the Criminal Law of Lagos State retains the traditional spousal exemption in rape, Section 261 introduces the broader offence of sexual assault by penetration without such exemption, creating a legal framework that effectively criminalizes non-consensual sex within marriage under a different name. The implication, he noted, is that although a husband cannot technically be convicted of raping his wife under the law, he may nonetheless be convicted of sexual assault by penetration—an offence that carries the same penalty of life imprisonment. Section 261 defines sexual assault by penetration as the sexual penetration of the anus, vagina, mouth, or any other opening in the body of another person with any body part or object, without consent, and is punishable by life imprisonment, ensuring that the punishment fits the gravity of the offence.

The DPP also addressed the misconception that the payment of a bride price or dowry gives a husband a right to his wife’s body, a belief that persists in many communities across Nigeria. “Any man that feels because he paid his wife’s dowry, nobody can challenge him for domestic violence, the wife should report such a man to the Domestic and Sexual Violence Agency,” he warned, challenging deeply ingrained cultural norms that have historically justified violence against women. He emphasized that being married does not give a man the right to force his wife into sexual relations, especially when there is a disagreement between them, reinforcing the principle that consent must be freely given and can be withdrawn at any time.

While Lagos State has taken this strong stance against non-consensual sex within marriage, the conversation around marital rape remains complex at the federal level, reflecting the broader legal and cultural debates occurring across the country. The Criminal Code Act (applicable in Southern Nigeria) and Penal Code Act (applicable in Northern Nigeria) define rape with some provisions that have traditionally excluded marital rape, creating a patchwork of legal protections that vary depending on where one lives. However, the Violence Against Persons (Prohibition) (VAPP) Act of 2015 defines the offence of rape without an exception for marital rape, offering more expansive protection, though its application depends on state adoption, meaning that not all Nigerians benefit from this progressive legislation. Legal experts note that consent must be voluntary, informed, and ongoing, and that marriage, previous sexual relations, or dating do not amount to automatic consent for future sexual activity, a principle that is increasingly being recognized in courts across the country.

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The press briefing marked the beginning of the Lagos State Domestic and Sexual Violence Awareness Month, an annual campaign aimed at increasing awareness, encouraging victims to report abuse, and strengthening support for survivors. The 2026 campaign is themed “SGBV — It Ends With Us” , a powerful statement of intent that signals the government’s determination to tackle gender-based violence head-on and create a society where such abuse is no longer tolerated. The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, represented by the Executive Secretary of the Lagos State Domestic and Sexual Violence Agency, Titilola Vivour-Adeniyi, disclosed that between September 2021 and July 2026, the DSVA received 33,009 domestic and sexual violence-related cases, a staggering number that underscores the scale of the problem facing the state. Domestic violence accounted for the highest number at 13,515 cases, representing 75.5 percent of reported assaults among adults, making it the most common form of abuse reported to the agency. Other cases recorded included 1,171 cases of defilement, 797 cases of child abuse and physical assault, 420 rape cases, 428 sexual harassment cases, and 100 cases of sexual assault by penetration, painting a comprehensive picture of the various forms of violence affecting residents of Lagos State. One of the most disturbing findings was the identification of 10,613 children who suffered emotional abuse as a result of exposure to domestic violence in their homes, highlighting the devastating intergenerational impact of domestic violence on families.

The data revealed significant patterns in domestic violence reporting, providing valuable insights that can inform prevention and intervention strategies. 35 percent of survivors experienced domestic violence within the first five years of marriage, suggesting that the early years of marriage are a particularly vulnerable period for women. 30 percent of women who reported domestic violence were pregnant when the abuse occurred, a terrifying statistic that points to the heightened risk faced by pregnant women. 76 percent of alleged perpetrators are either employed or self-employed, challenging the notion that domestic violence is limited to families facing economic hardship and demonstrating that abuse cuts across all socioeconomic strata. 90 percent of survivors reported psychological consequences including low self-esteem, post-traumatic stress disorder, extreme fear, and anxiety, revealing the deep and lasting mental health impact of domestic violence. Women constitute the overwhelming majority of reporters, accounting for 88 percent, while men represent 12 percent, a pattern that reflects the gendered nature of domestic violence and the greater vulnerability of women to such abuse.

The Lagos State government restated its commitment to strengthening systems for prevention, early intervention, protection, access to justice, rehabilitation, and support for victims of domestic and sexual violence, emphasizing a comprehensive approach to tackling the problem. Key achievements and support services provided include over 711 cases taken to court, resulting in more than 160 convictions, demonstrating the government’s determination to hold perpetrators accountable. 175 survivors have received free legal assistance, ensuring that even those without financial resources can access justice. 953 survivors, 267 perpetrators, and 304 children have received psychological support, recognizing the importance of mental health services in the healing process. 501 rescue operations involving people considered to be at high risk have been conducted, saving lives and preventing further harm. 20 restraining orders have been obtained, providing legal protection for survivors. 464 SGBV-related cases have been financially supported for investigation and prosecution, ensuring that cases are thoroughly investigated and prosecuted to the fullest extent of the law.

On prevention, the DSVA has reached an estimated 1.96 million residents across Lagos’ 20 Local Government Areas through community sensitisation, market campaigns, school outreach, and engagements with Community Development Associations, a massive public education effort aimed at changing attitudes and behaviors. More than 60,000 educators, parents, and caregivers have been trained through the Lagos State Safeguarding and Child Protection Online Course, building capacity to identify and respond to abuse. The agency is also strengthening prevention by training marriage registrars, religious marriage counsellors, and customary court officials to identify warning signs early and promote healthier relationships, intervening before abuse can occur. More than 466 religious marriage counsellors have completed the Lagos State Religious Premarital Counselling Online Course, equipping them to advise couples on healthy relationships and consent.

The DPP urged women experiencing domestic or sexual violence to report such cases to the Domestic and Sexual Violence Agency for appropriate action, emphasizing that help is available and that the law is on their side. The agency has established Gender-Based Violence Desks in every Local Government in Lagos State to enable people to report cases of sexual and gender-based violence, ensuring that support is accessible in every community. Residents can also report cases through the DSVA toll-free line 0800-0333-333, providing a confidential and accessible channel for seeking help.

Lagos Govt Warns Husbands: Forcing Sex on Wife Can Lead to Life Imprisonment