The Need to Criminalize Marital / Spousal Rape in Nigeria

Abstract

Marital/Spousal rape in marriage is non- consensual sex in which the perpetrator is the victim’s spouse. It is a form of domestic violence which has been condoned or ignored by law and the society at large. The reasons for the reluctance by many countries (especially Nigeria), not to criminalize and prosecute marital rape can be attributed to the failure of a precise definition in our laws, the traditional perception of the issue of marital rape, and the lack of public knowledge that forced sexual intercourse in marriage is illegal. There is thus, an urgent need for the amendment of Sections 6, 282, and 357 of Nigerian Criminal and Penal Codes to include spousal rape in its definition of rape. The essence for proposing that the laws on sexual offences in marriages should be implemented is not because other countries are doing so, but because the issue of marital rape has become a trending and overwhelming issue in Nigeria and victims are very reluctant to report such cases for a number of reasons which include fear of their perpetrator’s vengeance or retribution, no cause of action in law as in Nigeria where spousal rape is not yet criminalized. There is the urgent need for Nigeria to review its sexual offences laws to include marital rape, as this will gradually reduce the issue of rape in marriages and also protect the right of a wife to retain and control her body’s integrity and rights. It is also recommended that the strengthening of our legal and institutional framework to meet up with modern acceptable definition of rape to include spousal rape in the definition of rape in Nigerian Criminal and Penal Codes so as to aid its criminalization.