hammer3:



Legally u cant be raped by your husband.


If your husband can rape you, y are u married?


Wat any reasonable court of law should uphold is acts of physical or domestic violence, that falls under assault, battery, abh and gbh.


If u come before a court and say your husband hit you and then had sex with you forcefully to say, pining you down, then we can bill him for the above. Not rape!


U cannot tell a court, your husband did not take permission before romancing u and that is rape.


I will throw the case out, it is all about how u present it.

I'm not talking about how far it will go in court, I'm talking about whether it's wrong or right and how she should've handled it. Plus the fact that it's a law doesn't automatically make it ethically right

Within the context of Nigerian law, a male being raped is not recognized as rape. If your male child were raped would you brush it off just because it isn't recognized by law?

Just because the law doesn’t recognize it, doesn’t mean it technically isn't rape or make it any less terrible

Openbusiness:
This indomie generation are funny oh. See them condemning her for speaking a cogent fact. So you expect husband to be seeking permission or asking for consent every time he wants to have sex? It's like this generation don't know the real meaning of marriage. No wonder their marriage keep crashing all the time like naira currency

I wonder oo, and she expects that anytime she needs a man he should fall in. This is the same reason why I am against the gender equality struggle, it's lopsided. You hear people talking about rape(referring to female rape) forgetting that men also get raped, especially at young age by older women.

Do you think alike because you are married? Would take responsiblities for crimes and sins because you are married?

Use your brain. You don't treat your wife like she is bottom trash because you are an untrained animal that doesn't understand 'no'.

hammer3:


F9!


It is one body not her body.

tayebest:
I'm not surprised, olosho doesn't know what rape is.


Seeing a dangling dickk is enough for consent.


Nonsense...

Actually, the Law didn't make a provision for this. It only identifies rape when the people involved are not married. It's sad but technically, she's correct. We can only seek amendments!

hammer3:



U NO SAY I DO?

ABI U WERE NOT LISTENING? IN SICKNESS AND IN HEALTH, U SAID...

In sickness you want to do her? Tell her and her family before they accept the bride price so that they know what kind of person they are dealing with right from the start or before that.

Petyprincess:
Lol it is really a controversial topic nd depends on where you living.
Unfortunately in nigeria there is nothing like marital rape,people believe you can't get raped by your husband

Yes u can't get rape by ur husband.. He owns ur body

HazzanTazzan:


Lwkmd...

So you are happily married and one night, your husband wants to have sex and you say NO and he had his way nevertheless...

You gonn repory it as a rape case ?

Una no even know whats wrong with you anymore...

Firstly, its absurd to tell anyone abt it if your husband isnt gentle with you while trying to have sex even when you resist.

Secondly, the law doesnt see rape in marriage... Nothing like rape exists in marriage...

Isn't absurd. Tell me, how is it not rape when a man forces himself on his spouse and have his way with her despite all her cries, struggles and plead against having sex? She didn't consent!

How is it different from other rape crimes?
How is it absurd? How!!!!

Hathor5:


In sickness you want to do her? Tell her and her family before they accept the bride price so that they know what kind of person they are dealing with right from the start or before that.

TELL FADA, TO OMIT THE IN SICK AND IN HEALTH PART.

Nigeria: Spousal Rape - What the Law Says


3 MARCH 2020 Daily Trust (Abuja)
By Adelanwa Bamgboye
Lagos — Rape is defined as a crime of forcing a woman or girl to have sex, especially using violence and it is one of the oldest crimes in the world.

Traditionally, rape could only be committed outside marriage, and courts did not apply the rape statutes to acts of forced sex between spouses because it was generally believed that a woman consented to all future sexual activity with her husband through the contract of marriage.

For many cultures in Nigeria, the idea of marital rape is foreign, something imposed and that which contradicts the belief that such matters should be dealt with privately rather than by the government.

Daily Trust gathered that marital rape is not an offence in Nigeria hence it is not prosecutable. A husband cannot rape his wife. It is assumed that the wife gives implied general consent to sexual intercourse with her husband upon entering the marriage contract, which she cannot retract.

It is therefore not surprising that in Nigeria today, there is no known case of a husband who is charged to court for marital or spousal rape.

However, some lawyers believe that the husband should obtain consent from the wife before every intercourse, while others believe that there is an implied consent on the side of the wife resulting from marriage which gives the husband a ready-made or automatic consent.

This is the confusion and it is hoped that the courts will have an opportunity in future to look at decisions on the issue.

According to Nwogugu in "Family Law in Nigeria", "The parties to a marriage owe each other a duty to consummate it". One of the grounds for dissolution of marriage under Section 15(1) of the Matrimonial Causes Act states: "A petition under this Act by a party to a marriage for a decree of dissolution of the marriage may be presented to the court by either party to the marriage upon the ground that the marriage has broken down irretrievably".



Section 15(2)(a) of the above law provides one of the conditions that will prove this fact as it states: "that the respondent has wilfully and persistently refused to consummate the marriage".

Therefore, the fact that a spouse has wilfully and persistently refused to consummate the marriage is enough for the court to dissolve it.

According to Edikan Ekanem, a spouse's right to sexual intercourse must be reasonably exercised, and with due regard for the health and the disposition (mood) of the other spouse.

"While a duty exists to have sexual relations, a spouse is not obliged to summit to excessive sexual demands of the other party which may for instance, be detrimental to the party's health," Edikan Ekenem said.

English jurist, Sir Matthew Hale (1609-1676), stated the position of the common law in 'The History of the Pleas of the Crown (posthumously, 1736)' that a "husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given up herself in this kind to her husband which she cannot retract".

The Nigerian Criminal Code in Section 357 states that, "Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of an offence which is called rape."

Section 6 of the Criminal Code defines unlawful carnal knowledge as that which takes place otherwise than between husband and wife; and the offence is complete upon penetration.

In the Penal Code, Section 281(1) provides that: "A man is said to commit rape who... has sexual intercourse with a woman in any of the following circumstances - (a) against her will; (b) without her consent; (c) with her consent, when her consent has been obtained by putting her in fear of death or of hurt; (d) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; (e) with or without her consent, when she is under 14 years of age or of unsound mind."

Similarly, under the Penal Code, there is no offence of marital rape, provided the wife has attained the age of puberty.

hammer3:


TELL FADA, YO OMIT THE IN SICK AND IN HEALTH PART.

I pity you.

this one is just talking in the rubbish

Rape, Sex and other defined legal terms are subject to individual laws and constitutions of various countries. What we define as rape in Nigeria will usually vary from what other countries definition. In some countries in Europe and the Americas, A wife can report rape against the husband, whilst in other countries it will be difficult to prove rape except where an assault has taken place. Sex for example is not a crime between two minors in some countries and the age of consent is also different from county to country.

MoodyQueen:


Isn't absurd. Tell me, how is it not rape when a man forces himself on his spouse and have his way with her despite all her cries, struggles and plead against having sex? She didn't consent!

How is it different from other rape crimes?
How is it absurd? How!!!!

Rape is emotional crime which can be laced with assaults and violence. Your husband cannot commit this emotional crime but he can be charged with assaults

My own is that the day my wife deny me of sex I would divorce her the next day,( as long as she is not sick or on her period) nobody should own any right over ones body as long as you are married that’s why it two becomes one. I don’t have right over my body neither does she

Orisirisi.....
Wetin Ubong no go see for gate....

Petyprincess:
Lol it is really a controversial topic nd depends on where you living.
Unfortunately in nigeria there is nothing like marital rape,people believe you can't get raped by your husband

by the virtue of marriage a man owns his wife just as much as the wife owns the man ... marriage leaves no room for denial, except both parties come to an understanding or in fairness marital rape holds no water, how many wives would even tolerate am not in the mood from there husbands its not just about belief, it can not be proven to be wrong. so !!

MoodyQueen:
Marriage isn't consent.
This old woman should stop promoting evil.

Please file for a divorce or annulment, don't just get married. If you and your husband can't have a sensible conversation, I don't know what you people are doing getting married in the first place.

MoodyQueen:
Marriage isn't consent.
This old woman should stop promoting evil.

What is your marriage certificate for then?

It's domestic violence not rape.

Not surprised! Most of these Nigerian celebrities don't have sense.

Redoil:
This days due to civilization many people cannot differentiate rape from disagreed sex

if a man is accused of raping his wife what Will then be the punishment
2 years jail term or castration
in the end the woman will suffer for whatever actions she takes
so there is nothing like marital rape

What if the woman has always wanted her man behind bars?

flemsy15:
The last comment on d pic is correct, there's nothing like marital rape in Nigerian law, u can only sue Ur husband for physical abuse same as beating and there is also nothing like a woman raping a man in Nigerian law

True but our laws need re evaluation abeg.

So what's the essence of marriage? You're dating she will say wait till after marriage you will do it till you get tired and when you're married she will say is it food? I'm tired, do you want to kill me?


Any girl wey ever try tell me say wait till marriage is a gooner, if you like be jesus pikin with all the good attitude of life.

Marriage scammers everywhere.

anslem04:

by the virtue of marriage a man owns his wife just as much as the wife owns the man ... marriage leaves no room for denial, except both parties come to an understanding or in fairness marital rape holds no water, how many wives would even tolerate am not in the mood from there husbands its not just about belief, it can not be proven to be wrong. so !!

Why wouldn't women tolerate it or even respect it? I can tell if he is in the mood before he tells me. This is what mutual understanding in marriage is about, being sensitive to one another.

ajbf:

Rape is emotional crime which can be laced with assaults and violence. Your husband cannot commit this emotional crime but he can be charged with assaults

Emotional crime??

A man using a part of his body as tool to defile a woman's body against her will is emotional crime?

sheyitokz:
what if my blonkos rises to an unmeasured lenght nd needs to enta a pothole to cool down nd d woman keeps denying me nd i force in coz i own dat secret place...WILL DAT ALSO BE CALLED RAPE

hahahahaha,yeye dey rape

I don't think there is anything in Nigeria justice system like marital rape orelse if there is physical altercation during the process. Well,it still remains my thought since I'm entitled to my opinion.

Sterope:
Are you saying the husband is not forcing his wife or having sex with her body without her consent?

What sort of canal question is this

The man and his wife are United to be one body and one flesh. Can you rape your own body?

If the man goes out to meet a desperate and willing concubine now it's the same wife that will nag and raise the hell of a dust.

You women are too complex and difficult to handle

Femeto:
What is your marriage certificate for then?

Obviously not a proof of sexual consent.

ok

I do not support rape but I don't think there is anything like marital rape
U both made the vows to love and suit ur body,soul to each other.
If he is in the mood,and u're not in the mood.why not find a middle ground.

Abeg comot that nonsense you call makeup