Lagos and Marital Rape: Can the Law Actually Protect Women?

Lagos State has reignited a difficult but necessary conversation about consent within marriage after the Director of Public Prosecutions, Dr Babajide Martins, said a husband who forces his wife to have sex after she has refused could face life imprisonment upon conviction.

Martins made the clarification during a media briefing in Alausa, Ikeja, to mark the commencement of the 2026 Domestic and Sexual Violence Awareness Month.

But there is an important legal distinction.

Lagos has not created a new criminal offence called “marital rape.” Rather, the state says an existing provision of the Lagos State Criminal Law can apply where a husband allegedly uses force to penetrate his wife without her consent.

What Does the Law Actually Say?

Under Section 261 of the Criminal Law of Lagos State, sexual assault by penetration can attract life imprisonment.

The position outlined by the DPP is that marriage does not automatically give a husband unlimited sexual consent.

In practical terms, if a wife refuses sexual intercourse and her husband allegedly uses force to penetrate her, the conduct could be reported and prosecuted as sexual assault by penetration, with the offence carrying a possible life sentence upon conviction.

That distinction matters because the development is less about Lagos introducing a standalone offence and more about the state making clear that marriage does not necessarily shield a person from prosecution for serious sexual violence against a spouse.

It also places the question of consent at the centre of a conversation that has traditionally been complicated by social expectations around marriage.

Supporters Say Marriage Is Not Permanent Consent

Supporters of the position argue that it is long overdue.

Their argument is straightforward: marriage is a partnership, not a permanent consent form.

A spouse can consent to sex at one point and refuse it at another. Being married does not mean consent is automatically granted for every sexual encounter.

For advocates, the legal position could provide another avenue for women experiencing sexual violence within marriage to seek justice, particularly in situations where victims are encouraged to tolerate abuse simply because the alleged perpetrator is their husband.

The debate therefore goes beyond terminology.

It raises a broader question about whether traditional expectations surrounding marriage should ever override an individual’s right to decide what happens to their own body.

But Evidence and Due Process Remain Critical

There are also concerns about how such cases would work in practice.

Critics and others uncomfortable with the development have questioned the difficulty of proving what happened between two people, particularly when the alleged incident takes place behind closed doors.

There are also concerns that criminal accusations could become entangled with already difficult marital disputes.

Others have questioned why forced sexual intercourse within marriage would be prosecuted under sexual assault by penetration rather than simply classified as rape.

Cultural and religious objections have also emerged from people who believe marriage carries certain sexual obligations between spouses.

Those concerns can be debated. But they should not be confused with an acceptance of sexual violence.

The central legal challenge is how to protect genuine survivors while maintaining strong evidentiary standards, fair investigation and due process for everyone involved.

The Numbers Show Why the Conversation Matters

The wider domestic violence picture in Lagos adds urgency to the debate.

According to figures cited from the Lagos State Domestic and Sexual Violence Agency, 33,009 cases of domestic and sexual violence were recorded between September 2021 and July 2026.

Of those, 13,515 involved domestic violence.

Reported cases rose from 5,929 in 2022 to 6,389 in 2023, before reaching 7,882 in 2024. The figure fell slightly to 7,721 in 2025, while 4,013 cases had already been recorded by July 2026.

The agency also identified 10,613 children who suffered emotional abuse after being exposed to domestic violence in their homes.

Those figures underline that the debate is not simply about legal terminology. It sits within a much larger problem involving domestic abuse, reporting, survivor protection and access to justice.

Could the Approach Work Beyond Lagos?

That may be the bigger question.

Lagos already has institutions designed to respond to domestic and sexual violence, including the Domestic and Sexual Violence Agency and specialised courts. That gives the state a framework for translating the legal position into actual enforcement.

Nigeria as a whole is a different proposition.

States operate under different legal frameworks and have varying levels of policing capacity, prosecutorial resources and institutional support. Cultural attitudes towards domestic violence also differ considerably.

And even where laws exist, many victims may never report their experiences.

That means legislation alone cannot solve the problem.

For a similar approach to work nationally, Nigeria would need clear legislation, properly trained police officers and prosecutors, accessible reporting mechanisms, survivor protection and sustained public education about what consent means within marriage.

The Bigger Question Is Consent

Ultimately, Lagos has opened a conversation that is unlikely to disappear quickly.

Marriage can involve love, responsibility, compromise and disagreement. But whether a person is married or single, consent remains central to sexual relations.

At the same time, any offence carrying a potential life sentence demands careful investigation and prosecution based on evidence, not emotion, social-media pressure or public outrage.

The real test for Lagos will therefore come after the headlines fade.

If the state’s interpretation of existing law is to make a meaningful difference, survivors must be able to report abuse safely, investigations must be credible, prosecutors must meet the required legal standards and courts must determine cases fairly.

That is where the conversation about marital consent moves from headline to justice.

Awobajo Soliat

 

 

Written by Boom RadioNG