Spousal Rape in Nigeria: An Aberration

Abstract

Spousal rape, which is non-consensual sexual intercourse between a husband and wife, is an issue of growing concern in contemporary human society. It has become such a menace and abhorred around the world that many countries have enacted laws making it a crime. In these countries including every state in the United States of America where it has been illegal since 1993, perpetrators are prosecuted and sentenced to prison terms. But in countries like Nigeria, spousal rape is unknown to the law, and as such, under the constitutional principle of the legality theory, no one can be prosecuted for a crime which is unknown to the law. This paper examines the legal position of spousal rape in Nigeria in comparism to other jurisdictions. This is with a view to exposing the dire need for a quick review of existing legislation on sexual offences to include spousal rape as a crime. This will not only put Nigeria on the road map to best practices, but will also assure and protect the weaklings in marital relationships who are not disposed to sexual intercourse all the time.