The Lagos State Government has warned husbands against forcing their wives to have sexual intercourse without consent, stressing that such conduct could attract life imprisonment upon conviction under the state’s laws.
The Director of Public Prosecutions in the 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.
The event, held in Alausa, Ikeja, was organised to herald the commencement of the agency’s Awareness Month for September 2026.
Responding to questions on whether a married woman can sue her husband for rape if he has sexual intercourse with her without her consent, Adebayo explained that Lagos State law does not categorise the offence as rape where the parties are married.
He, however, clarified that forced sexual intercourse in such circumstances could amount to sexual assault by penetration, an offence that carries a maximum punishment of life imprisonment under Lagos State law.
Legal position
Adebayo explained that while marital status affects how the offence is classified under Lagos law, a husband does not have the right to force his wife to have sex against her will.
According to him, where a couple has a dispute and the wife refuses sexual intercourse, the husband cannot lawfully force himself on her.
He 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 urged members of the public to understand that marriage does not give either spouse unrestricted authority over the other, particularly in matters involving sexual consent and domestic violence.
The warning comes as the Lagos State Domestic and Sexual Violence Agency begins its September 2026 Awareness Month, aimed at increasing public awareness and encouraging victims of domestic and sexual violence to seek help and report cases.
Source: Lagos State Ministry of Justice
