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Quick Question! Can A Wife Accuse Her Husband Of Rape? - Family - Nairaland

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Quick Question! Can A Wife Accuse Her Husband Of Rape? by RebekahAmor(f): 12:23am On Oct 30, 2016
i overheard my neighbour saying her husband forcefully had her,,,
now am like "HE RAPED HER", and i think he deserve to pay for it,
Ladies and Gentlemen, what's your take on this? you think its rape or not?
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mymadam(m): 12:26am On Oct 30, 2016
"Can A Wife Accuse Her Husband Of Rape?"

undecided Unfortunately, the answer is YES!

3 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by teemy(m): 6:15am On Oct 30, 2016
if a woman that got pregnant by her husband can charge him and win in court because she warned him not to can do so, likewise a rape victim though wife can also win. all things yield complication in marriages though.

1 Like

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 11:15am On Oct 30, 2016
Yeep

2 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by steppin: 11:19am On Oct 30, 2016
Abuse, yes. Rape, a capital no.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 11:23am On Oct 30, 2016
YES, she absolutely can. A woman can get raped in a marriage.

1 Like

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by RebekahAmor(f): 11:42am On Oct 30, 2016
steppin:
Abuse, yes. Rape, a capital no.
why No biko?
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by MMotimo: 4:30pm On Oct 30, 2016
Regardless of the relationship between the victim and the perpetrator, a crime is a crime if it meets the definition in the criminal code
If the sexual activity meets the definition of rape then it is rape, same way murder is murder even if the victim is the spouse

5 Likes 1 Share

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 5:07pm On Oct 30, 2016
^^^^MMotimo
You are wrong there.
A wife cannot accuse her husband of rape and stealing especially if they are married under the Christian marriage, which means they were married in court or the church, mind you, this does not apply to couple married only traditionally. And the law of rape would only apply when they are separated or divorced

2 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Amysue: 6:07pm On Oct 30, 2016
Yes a wife can accuse d husband for rape.
What is rape?
Rape is d forceful penetration of a woman by a man without her consent. Irrespective of the relationship. It is a criminal offence in Nigeria.

3 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 9:55pm On Oct 30, 2016
mysticgal:
^^^^MMotimo
You are wrong there.
A wife cannot accuse her husband of rape and stealing especially if they are married under the Christian marriage, which means they were married in court or the church, mind you, this does not apply to couple married only traditionally. And the law of rape would only apply when they are separated or divorced

What rubbish!

Rape is the unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will of someone.

It has NOTHING to do with Religion or marital status!

What a load of crap! Get your head out of your a**! angry

9 Likes 2 Shares

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by EfemenaXY: 10:52pm On Oct 30, 2016
mysticgal:
^^^^MMotimo
You are wrong there.
A wife cannot accuse her husband of rape and stealing especially if they are married under the Christian marriage, which means they were married in court or the church, mind you, this does not apply to couple married only traditionally. And the law of rape would only apply when they are separated or divorced

No, she's right and you're wrong.

Go look up the definition of rapè. It doesn't give exceptions to marriage.

5 Likes 1 Share

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by sisisioge: 11:00pm On Oct 30, 2016
LadyMercedes:


What rubbish!

Rape is the unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will of someone.

It has NOTHING to do with Religion or marital status!

What a load of crap! Get your head out of your a**! angry

Sweetie, what mystical couldn't articulate well is that in christianity, once a man and woman have been joined in holy matrimony, their bodies belong to each other. Thus, each is to make his or her body available to the other whenever desired except when the two agree to pray and fast for a period of time. Wetin that one mean be say babe can't claim rape as the bobo obviously did not agree to fast or pray with her. May God help us.

Back to reality, this recommendation of the bible can only be absolutely effective when the two parties are considerate people. That's if wife isn't unnecessarily withholding and if husband is not unnecessarily an azzzhole! Hallelujah!

grin;DHope you are good? By the way, I cant get over your moniker...In my own version of Cinderella and Princes Charming's fairytale...the charming prince was actually driving a Mercedes grin grin

2 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 11:53pm On Oct 30, 2016
sisisioge:


grin;DHope you are good? By the way, I cant get over your moniker...In my own version of Cinderella and Princes Charming's fairytale...the charming prince was actually driving a Mercedes grin grin

I'm great, thanks for asking. smiley

Lol. If Prince Charming was driving a Mercedes, then he's really Prince Charming o
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by ajishomo: 3:12am On Oct 31, 2016
Quick answer,: YES!

1 Like

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 6:21am On Oct 31, 2016
Ofcourse, anybody can accuse anybody of rape. so yes, a wife can accuse her husband of rape. whether a wife can proove her husband raped her is another matter entirely. personally, I don't think she can.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 6:57am On Oct 31, 2016
EfemenaXY:


No, she's right and you're wrong.

Go look up the definition of rapè. It doesn't give exceptions to marriage.
Smiles.. OK lemme start this way
In law, you do not read meanings into codes except by interpretation sections .

Chapter 1 of the interpretation section, of the criminal code defines Christian marriage, as a marriage which is recognized by the law of the place where it is contracted as the voluntary Union for life of one man and one woman to the exclusion of all others

Section 6 (b) of the criminal code defines unlawful carnal knowledge to mean carnal connection which takes place otherwise than between husband and wife.
And if you go to section 357,you would see that rape is having unlawful carnal knowledge of a girl or woman.

So back to what I am saying section 6 of the criminal code, 55 (1) of the penal code excepts marital rape, meaning a husband cannot rape his wife because there was an initial consent before the marriage to have sex when married.
Don't get me wrong, morally, it wrong for a man to rape his wife but legally it is doesn't have any parlance especially in Nigeria. In the US, it is criminalized.. See, Regina v state.
The only way a husband can be brought to book is if he assaults or wounds if proven beyond reasonable doubt.

I rest my case smiley

3 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:12am On Oct 31, 2016
LadyMercedes:


What rubbish!

Rape is the unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will of someone.

It has NOTHING to do with Religion or marital status!

What a load of crap! Get your head out of your a**! angry

Lady, there is a probability you are not in Nigeria but if you are and claim to be a lawyer, then you don't know your onions and you are outdated in the practice of law, so I suggest, you go back to case laws and the criminal code which for now reigns supreme... And I advice, before giving or dishing out such crap you think you know, research and then serve because you never know who reads it smiley

And I never said what I said because it was what I think, rather it is what I know... I have joined a senior counsel to court on a case bordering on marital rape and you know what marital rape is not criminalized in Nigeria... So beware of what the heck you say.
Lemme refer you to section 1 of the interpretation section of the criminal code, section 6 of the criminal code and 357 of the criminal code and beautifully calm down and read this
https://www.google.com.ng/url?sa=t&source=web&rct=j&url=http://iiste.org/Journals/index.php/JAAS/article/viewFile/25622/26274&ved=0ahUKEwiQo9iasYTQAhWEAsAKHRHwAb8QFggaMAA&usg=AFQjCNHw9mdSX9eiol8_cS9Clrvh-pQQnQ&sig2=DZfY9fa4WcVjfVlH2uG7Zw

Have an inspired day ahead smiley

CC.. Teespice and 5minsmadness

4 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 7:33am On Oct 31, 2016
mysticgal:


Lady, there is a probability you are not in Nigeria but if you are and claim to be a lawyer, then you don't know your onions and you are outdated in the practice of law, so I suggest, you go back to case laws and the criminal code which for now reigns supreme... And I advice, before giving or dishing out such crap you think you know, research and then serve because you never know who reads it smiley

And I never said what I said because it was what I think, rather it is what I know... I have joined a senior counsel to court on a case bordering on marital rape and you know what marital rape is not criminalized in Nigeria... So beware of what the heck you say.
Lemme refer you to section 1 of the interpretation section of the criminal code, section 6 of the criminal code and 357 of the criminal code and beautifully calm down and read this
https://www.google.com.ng/url?sa=t&source=web&rct=j&url=http://iiste.org/Journals/index.php/JAAS/article/viewFile/25622/26274&ved=0ahUKEwiQo9iasYTQAhWEAsAKHRHwAb8QFggaMAA&usg=AFQjCNHw9mdSX9eiol8_cS9Clrvh-pQQnQ&sig2=DZfY9fa4WcVjfVlH2uG7Zw

Have an inspired day ahead smiley

CC.. Teespice and 5minsmadness

It's still a pile of crap! Sex should be by mutual consent.

1 Like

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:39am On Oct 31, 2016
LadyMercedes:


It's still a pile of crap! Sex should be by mutual consent.
Admit you are wrong for God's sake
Why are you still arguing dumbly?? ... No one says sex should be unconsensual. Leave emotions out of this.
Legally, a husband cannot rape his wife because they are one, a person cannot rape himself. So stop confusing readers. Jeez

2 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 7:41am On Oct 31, 2016
mysticgal:
^^^^MMotimo
You are wrong there.
A wife cannot accuse her husband of rape and stealing especially if they are married under the Christian marriage, which means they were married in court or the church, mind you, this does not apply to couple married only traditionally. And the law of rape would only apply when they are separated or divorced
Wtf did I read
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by TomHagen: 7:41am On Oct 31, 2016
mysticgal:


Lady, there is a probability you are not in Nigeria but if you are and claim to be a lawyer, then you don't know your onions and you are outdated in the practice of law, so I suggest, you go back to case laws and the criminal code which for now reigns supreme... And I advice, before giving or dishing out such crap you think you know, research and then serve because you never know who reads it smiley

And I never said what I said because it was what I think, rather it is what I know... I have joined a senior counsel to court on a case bordering on marital rape and you know what marital rape is not criminalized in Nigeria... So beware of what the heck you say.
Lemme refer you to section 1 of the interpretation section of the criminal code, section 6 of the criminal code and 357 of the criminal code and beautifully calm down and read this
https://www.google.com.ng/url?sa=t&source=web&rct=j&url=http://iiste.org/Journals/index.php/JAAS/article/viewFile/25622/26274&ved=0ahUKEwiQo9iasYTQAhWEAsAKHRHwAb8QFggaMAA&usg=AFQjCNHw9mdSX9eiol8_cS9Clrvh-pQQnQ&sig2=DZfY9fa4WcVjfVlH2uG7Zw

Have an inspired day ahead smiley

CC.. Teespice and 5minsmadness
So you are a lawyer eh?
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:42am On Oct 31, 2016
pcguru1:

Wtf did I read
You read what you read.. A husband cannot rape his wife.. Check out all other quotes I made above smiley
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:43am On Oct 31, 2016
TomHagen:
So you are a lawyer eh?
In equity... Yes cool
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 7:49am On Oct 31, 2016
mysticgal:

You read what you read.. A husband cannot rape his wife.. Check out all other quotes I made above smiley
So you're saying a husband can't force himself on his wife or if he forces himself it can't be considered rape because the Bible says they are one. I think that's wrong

1 Like

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 7:51am On Oct 31, 2016
mysticgal:

You read what you read.. A husband cannot rape his wife.. Check out all other quotes I made above smiley

Thanks for the attachment since you're a lawyer I can't dispute because hey it's your profession so you must know it legally morw than us buy let me read the document before I can make any argument. Mike Ross is coming back wink

1 Like

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:53am On Oct 31, 2016
pcguru1:

So you're saying a husband can't force himself on his wife or if he forces himself it can't be considered rape because the Bible says they are one. I think that's wrong
I am not talking religiously, I am talking legally here...
A man can force his way with his wife which is wrong but not criminalized here in Nigeria.
Ask me further any questions bothering you
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by TomHagen: 7:53am On Oct 31, 2016
mysticgal:

In equity... Yes cool
I love lawyers. Only smart people can succeed as lawyers. I wanted to become a lawyer myself, sometimes I get this feeling that I missed my calling.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:58am On Oct 31, 2016
TomHagen:
I love lawyers. Only smart people can succeed as lawyers. I wanted to become a lawyer myself, sometimes I get this feeling that I missed my calling.
Awww, you can still be a lawyer... I have very old colleagues who are practicing. You can still do it wink
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 8:00am On Oct 31, 2016
I now understand what mysticalgal means I am still reading the document but I also came across this line too

"The first point to be noted from the above provisions is that in Nigeria, a woman cannot commit the offence of rape upon a man."

If a woman actually rapes me the law won't recognise it undecided

Then again I don't have rape value to women anyway so yay

1 Like 1 Share

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 8:03am On Oct 31, 2016
The second point to be noted from the definition of the offence in Nigeria is that a man cannot be guilty of rape upon his wife.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 8:04am On Oct 31, 2016
Mehn it keeps getting weirder undecided

Another point that should be noted is that under the Nigerian definition, rape is committed upon penetration of the female genital organ (vagina) by the male penis. Thus, it is not rape if the vagina is penetrated with any other object or any other part of the male body. Furthermore, it is not rape if any other part of the female body (e.g. the mouth or the anus) other than the vagina is penetrated

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