The Lagos State Government has warned husbands that it is a crime to have forceful sexual intercourse with their wives.
The Director of Public Prosecutions, Lagos State Ministry of Justice, Haroun Adebayo, explained that while the law in Lagos State does not categorise forceful intercourse between married couples as rape, an offender can be prosecuted for sexual assault by penetration, among other offences.
Adebayo disclosed this at a media parley organised by the Executive Secretary of the Lagos State Domestic and Sexual Violence Agency (DSVA) Titilola Vivour-Adeniyi, to herald the commencement of the agency’s Awareness Month for September 2026.
He cautioned husbands against having sexual intercourse with their wives without their consent, warning that offenders could face life imprisonment if convicted.
Adebayo, responding to a question on whether Nigerian law allows a married woman to sue her husband for rape for having sex with her without her consent, as is obtainable in some other countries, said such an act could constitute sexual assault by penetration, which attracts life imprisonment under Lagos State law.
According to him, when a couple is having issues, and the husband forcefully has sexual intercourse with his wife against her will, the woman has the right to report the matter, and the husband could be prosecuted for sexual assault by penetration, among other offences.
Adebayo said: “Any man who thinks that because he paid his wife’s dowry, nobody can challenge him over domestic violence should report such a man to the Domestic and Sexual Violence Agency.
“Under Lagos State Criminal Law, a man cannot be accused of raping his wife if they are together and are in good terms.
“However, 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.”
