Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,154,138 members, 7,821,891 topics. Date: Wednesday, 08 May 2024 at 08:59 PM

Quick Question! Can A Wife Accuse Her Husband Of Rape? - Family (2) - Nairaland

Nairaland Forum / Nairaland / General / Family / Quick Question! Can A Wife Accuse Her Husband Of Rape? (4124 Views)

Husband Of Risikat Azeez-Ayegbami: Why I Abandoned My Wife With Blue Eyes / Zimbabwean Wife Caught Having Sex With Another Man, She Starves Husband Of Sex / Lady Finds Out Her Husband Of 4 Months Is A Car Wash Boy And Not A Car Dealer (2) (3) (4)

(1) (2) (3) (Reply) (Go Down)

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 8:10am On Oct 31, 2016
It must be stated, and credit to South Africa, that this law which came into effect on December 16, 2007 after being signed into law by the then president, Thabo Mbeki, is one of the world’s most modern in its comprehensive description of what sexual offences are. It is also vital to note that the purport of the law simply means that a woman, a man (or a child) can be raped by another woman or man.5 This cures the gender bias and other limitations of the definition of rape in several jurisdictions.

Source : pdfdocument
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 8:13am On Oct 31, 2016
Any way I will finish the rest but yeah Nigeria law doesn't recognise it as rape and strangely a woman can't rape a man in Nigeria mehn
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 8:21am On Oct 31, 2016
Now that you think of it a woman can't also rape another woman according to law
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 8:24am On Oct 31, 2016
pcguru1:
Now that you think of it a woman can't also rape another woman according to law

You've become a lawyer officially grin grin grin
Is it that link I directed to? cheesy
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by TomHagen: 8:25am On Oct 31, 2016
mysticgal:

Awww, you can still be a lawyer... I have very old colleagues who are practicing. You can still do it wink
Lol. I already took a different career path. It's a nice thought though.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 8:37am On Oct 31, 2016
mysticgal:


You've become a lawyer officially grin grin grin
Is it that link I directed to? cheesy

At all but going by the definition it just occurred to me
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by 5minsmadness: 8:39am On Oct 31, 2016
TomHagen:
Lol. I already took a different career path. It's a nice thought though.

It's not too late if u really have the passion for it. Trust me on this. There are doctors that are into legal practice.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 8:42am On Oct 31, 2016
mysticgal:


Too tired to argue jor.

Have a lovely day smiley
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by 5minsmadness: 8:50am 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

Lol, leave these people, they will never admit they are wrong even if you prove it to them.

Coming from another angle. (my angle).

1. On the natural average men have a higher libido than women. So men woukd most times want sex more often than their wives. In countries where marital rape has been legalised does this not translate to marital sex being only for the benefit of the female? Since most times it is the male that does the asking, is it not an unfair constraint on the malefolk?

2. You seem to be speaking on the context of religion, may i remind you that even under law a married couple have become one and hence rape cannot occur in this case either?

3. If a man forcefully has his way with his wife and women are screaming rape, is it not also justice that any woman who takes money from her husband's wallet without his permission or uses his credit card without his consent or willingness or strongarming or lying to the husband to obtain financial favours from him is in fact guilty of theft/robbery abd should be prosecuted to the full extent of the law?

3 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 8:53am On Oct 31, 2016
5minsmadness:


Lol, leave these people, they will never admit they are wrong even if you prove it to them.

Coming from another angle. (my angle).

1. On the natural average men have a higher libido than women. So men woukd most times want sex more often than their wives. In countries where marital rape has been legalised does this not translate to marital sex being only for the benefit of the female? Since most times it is the male that does the asking, is it not an unfair constraint on the malefolk?

2. You seem to be speaking on the context of religion, may i remind you that even under law a married couple have become one and hence rape cannot occur in this case either?

3. If a man forcefully has his way with his wife and women are screaming rape, is it not also justice that any woman who takes money from her husband's wallet without his permission or uses his credit card without his consent or willingness or strongarming or lying to the husband to obtain financial favours from him is in fact guilty of theft/robbery abd should be prosecuted to the full extent of the law?



And a wife or husband cannot accept steal from each other.
Thanks for the insight, I appreciate smiley
Good morning

2 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by bukatyne(f): 9:04am On Oct 31, 2016
5minsmadness:


Lol, leave these people, they will never admit they are wrong even if you prove it to them.

Coming from another angle. (my angle).

1. On the natural average men have a higher libido than women. So men woukd most times want sex more often than their wives. In countries where marital rape has been legalised does this not translate to marital sex being only for the benefit of the female? Since most times it is the male that does the asking, is it not an unfair constraint on the malefolk?

2. You seem to be speaking on the context of religion, may i remind you that even under law a married couple have become one and hence rape cannot occur in this case either?

3. If a man forcefully has his way with his wife and women are screaming rape, is it not also justice that any woman who takes money from her husband's wallet without his permission or uses his credit card without his consent or willingness or strongarming or lying to the husband to obtain financial favours from him is in fact guilty of theft/robbery abd should be prosecuted to the full extent of the law?




Jesus!

2 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by TomHagen: 9:04am On Oct 31, 2016
5minsmadness:


It's not too late if u really have the passion for it. Trust me on this. There are doctors that are into legal practice.
Perhaps if I become very rich and have no need to work again.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by bukatyne(f): 9:06am On Oct 31, 2016
@OP: Yes

However, in light of mysticgal's submissions, a husband cannot be prosecuted for raping his wife neither can a wife be prosecuted for raping her husband.

Although, if any party sustained physical injury during the act, the perpetrator can be charged with assault/battery.

1 Like

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 9:12am On Oct 31, 2016
bukatyne:
@OP: Yes

However, in light of mysticgal's submissions, a husband cannot be prosecuted for raping his wife neither can a wife be prosecuted for raping her husband.

Although, if any party sustained physical injury during the act, the perpetrator can be charged with assault/battery.
Thank you tell the LadyMercedes undecided
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by bukatyne(f): 9:20am On Oct 31, 2016
mysticgal:

Thank you tell the LadyMercedes undecided

LadyMercedes is talking from a different POV.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 9:36am On Oct 31, 2016
mysticgal:

Thank you tell the LadyMercedes undecided

Oh na! Oya sorry. From your point of view, I'm wrong. From my point of view, I'm right. Oya let's not argue again, iye? kiss
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by 5minsmadness: 9:51am On Oct 31, 2016
bukatyne:


Jesus!

Stop breaking the 3rd commandment.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by 5minsmadness: 9:52am On Oct 31, 2016
bukatyne:
@OP: Yes

However, in light of mysticgal's submissions, a husband cannot be prosecuted for raping his wife neither can a wife be prosecuted for raping her husband.

Although, if any party sustained physical injury during the act, the perpetrator can be charged with assault/battery.

At this point u would want to separate Morals from Legality.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by 5minsmadness: 9:53am On Oct 31, 2016
mysticgal:

And a wife or husband cannot accept steal from each other.
Thanks for the insight, I appreciate smiley
Good morning

Good morning to you.
I wrote that post with sleep eye, don't mind me(typos, syntax) smiley
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by 5minsmadness: 9:55am On Oct 31, 2016
TomHagen:
Perhaps if I become very rich and have no need to work again.

Lol, you WILL become rich.
However, you really don't need to wait for that to happen before you venture into legal studies.

Lemme stop harrasing you jor smiley
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 10:57am On Oct 31, 2016
Yes, she can 'accuse' the husband of rape_ that's me looking at the elementary definition of accuse. I doubt he can be indicted for it.

There are somethings marriage just takes care of. As long as both are still very much married and no injury was sustained, I doubt the woman would have much of a case.

2 Likes

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by RebekahAmor(f): 7:57pm On Nov 01, 2016
Sigh... wish you lawyers @mysticgal can actually make it a crime in naija,, even animals don't rape their mates,, yet humans do,,, #disgusting,,
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 10:43pm On Nov 01, 2016
RebekahAmor:
Sigh...
wish you lawyers @mysticgal can actually make it a crime in naija,,
even animals don't rape their mates,, yet humans do,,, #disgusting,,
I really hope so too

1 Like

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by cococandy(f): 11:39pm On Nov 01, 2016
mysticgal:

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
undecided
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 5:47am On Nov 02, 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 lawyer shocked ...Hmmmm I've always wanted to marry a lawyer, lets see how this goes. undecided
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 6:41am On Nov 02, 2016
truthsayer007:


So you are lawyer shocked ...Hmmmm I've always wanted to marry a lawyer, lets see how this goes. undecided

Really cheesy
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 6:42am On Nov 02, 2016
cococandy:
undecided
What I do embarassed

1 Like

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by greatgod2012(f): 8:48am On Nov 02, 2016
An interesting thread!


Morally: YES

Legally, according to Nigeria law: NO
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 9:33am On Nov 02, 2016
mysticgal:

Really cheesy

Yea, because the girl i dated back then in school was a law student, she had huge impact on me.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by 5minsmadness: 10:12am On Nov 02, 2016
mysticgal:

What I do embarassed
My guess:
You rebuked her friend.
She didn't see when her friend mentioned your as*.
Or called your contribution a load of crap.
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by TV01(m): 11:14am On Nov 02, 2016
Thanks Mysticgal for the well researched input and 5minsmadness for your points.

I don't believe rape should be alleged, let alone chargeable/prosecuted between spouses. Marriage pre-dates the law, and as such the law should at best seek to support and buttress the institution, not meddle - and in a lopsided fashion - especially with regard to Christian marriages from my pov.

Neither a husband or wife should be charged with forced or coercive intercourse. Not unless there is real (and in some cases non-consensual) physical harm should the state even be involved. Then charges of battery may be considered and Christianity would agree with that.

From a Christian pov, spouses own each others bodies and should not deny the others calling. If forced or coerced intercourse is rape, then withholding intimacy - unless by consent or due to some valid reason - should also be chargeable. It is not currently on any statutes as far as I am aware.

I couldn't bear to look at my wife - always jumping my bones when I want to snooze, watch the boxing come to NL etc. grin - and think of her as a rapist cool


TV

1 Like

Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by jossy26: 2:43pm On Nov 02, 2016
Husband raping wife shocked shocked shocked, wonders shall never end

(1) (2) (3) (Reply)

What On Earth Can Make A Man To Beat His Pregnant Wife..?? / My co worker is looking for my trouble / UK Twins Turn Heads: One Is White, The Other Black (Pics)

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 46
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.