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Legal Perspectives Of Marital Rape In Nigeria - Family - Nairaland

Nairaland ForumNairaland GeneralFamilyLegal Perspectives Of Marital Rape In Nigeria (341 Views)

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Legal Perspectives Of Marital Rape In Nigeria by Treash(op): 2:05pm On May 09, 2020
Treash:
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.

Section 6 of the Criminal Code defines unlawful carnal knowledge as that which takes place between two or more people otherwise than between husband and wife; and the offence is complete upon penetration. In other words, marital rape is not an offence in Nigeria. 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.

Under Nigerian criminal law, a man may be charged with assault and other violence as the case may be, and depending on the circumstances under which he has sexual intercourse with his wife, but he cannot be charged with raping his wife. It's noteworthy, that one of the reasons for dissolution of marriage is the refusal of either party to consummate the marriage with the other spouse (that is, denying the other party from having sexual intercourse with him/her).

Barr Adeolu Ayo Aderinto

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