02/09/2026
It saddens me when I hear stories of girls and women being s*xually assaulted, sometimes by people they should be able to trust: fathers, brothers, friends, and, in some cases, even husbands.
Speaking of which, can a husband r**e his wife under Nigerian law?
Is there actually such an offence as marital r**e in Nigeria?
Let’s find out.
⚖️ Firstly, what exactly is r**e?
Simply put, r**e is having s*xual in*******se with a woman or girl without her consent, or where such consent was obtained through force, threats, intimidation or fraud.
Under Section 357 of the Criminal Code, a person commits r**e where he has unlawful carnal knowledge of a woman or girl without her consent, or where consent was obtained through force, threats, intimidation, fear of harm or fraudulent representation.
Furthermore, Section 6 of the Criminal Code defines “unlawful carnal knowledge” as carnal connection which takes place otherwise than between husband and wife.
A combined reading of these sections creates a marital exception to the offence of r**e.
Now, let’s look at the Penal Code.
Section 282(1) provides for r**e where a man has s*xual in*******se with a woman in circumstances including where it is against her will or without her consent.
However, Section 282(2) expressly provides that s*xual in*******se by a man with his own wife is not r**e if she has attained puberty.
So, under the Criminal Code and Penal Code provisions, a husband cannot be convicted of the offence of r**e merely because he had non-consensual s*xual in*******se with his adult wife.
But......
There is another important law we need to consider- the Violence Against Persons (Prohibition) Act, 2015 (VAPP Act).
This Act prohibits and provides penalties for various forms of violence, including s*xual violence and r**e.
So, the fact that the Criminal Code and Penal Code contain a marital exception to the offence of r**e does not mean that a husband has a licence to force himself s*xually on his wife.
It does not mean that s*xual violence within marriage is right. And it certainly does not mean that marriage gives a person unlimited control over their spouse’s body.
I hope that distinction is clear
Now, what do you think? Should Nigerian law expressly recognise marital r**e as a criminal offence?
Share your thoughts with us in the comment section.
©️ Peace Johnson
