Marital Rape in Nigeria: Appraising the information so far

Abstract

Marital union has the assumption of love, unity, conjugation, protection and approval by the society. Thus sexual relationships within the emblem of marriage are approved by law, society and God. Parties to marital union retain their basic human rights, however the assumption of unity in marriage makes it difficult to access human rights protection, in some countries, by women who are inherently vulnerable to harm and abuse. Marital union is viewed as the mechanism through which a husband gets licensed sexual satisfaction from his wife not minding the means it is obtained. This paper looks at the legality and morality of overlooking acts contravening human right laws, carried out within the ambit of marriage. It questions the legality of upholding marital unity while overlooking the abysmal mental and physical health issues carried out in marriage. This paper provides the conclusion that marital unity should be interpreted alongside with provisions of human right laws; while contradictory legal provisions should stand annulled by reason of its contradiction with human rights provisions.  It was recommended that Nigerian laws on exemption of marital rape be reviewed and extended, by so doing partners would be made responsible for their actions in marriage.

Keywords: Marital Rape, Women Human Rights, Violence,

DOI: 10.7176/JLPG/89-25

Publication date:September 30^th 2019