The Lagos State Government has warned husbands against forcing their wives to engage in sexual intercourse without their consent, saying offenders could face life imprisonment upon conviction.
The Director of Public Prosecutions, Lagos State Ministry of Justice, Haroun Adebayo, gave the warning during a media parley organised by the Executive Secretary of the Lagos State Domestic and Sexual Violence Agency, DSVA, Titilola Vivour-Adeniyi in Alausa, Ikeja, Lagos to mark the beginning of the agency’s Awareness Month for September 2026.
Adebayo was responding to a question on whether a married woman could legally prosecute her husband for rape if he had sexual intercourse with her without her consent, as is the case in some other jurisdictions.
He explained that under the law applicable in Lagos State, forced sexual intercourse between spouses is not classified as rape.
However, he said the act could amount to sexual assault by penetration, an offence which carries a maximum punishment of life imprisonment.
According to him, where a relationship between a husband and wife has become strained and the husband forces sexual intercourse on his wife against her will, the woman can report the incident to the appropriate authorities, leading to possible prosecution for sexual assault by penetration or other applicable 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.”
The DPP stressed that marriage does not give a husband the right to force his wife into sexual activity against her will, particularly where consent has been withdrawn.
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