ANALYSIS OF SPOUSAL RAPE: A CRIME UNDER THE NIGERIAN CRIMINAL JURISPRUDENCE

Abstract

Spousal rape is simply the act of having sexual intercourse with one’s spouse without the valid consent of the said spouse. The concept of spousal rape is not common in Nigeria and the knowledge of same goes a long way in helping spouses especially wives to know that they do have a right in marriage, to politely decline sexual intercourse, at times they are not fit to do so. This paper makes known the fact that a man can indeed be raped by a woman and there is nothing shy about a man speaking up about this dilemma whenever such happens to him. The paper is not gender specific. In essence, it envisaged for both genders with respect to spousal rape. It also discussed how a man can be raped by his wife and what penetration entails in the context. It made findings that indeed, spousal rape is now a crime in Nigeria, even though not directly but according to the Violence Against Persons (Prohibition) Act1, spouses can be tried and convicted for spousal rape in Nigeria against the other spouse. In making these findings, this work adopted the doctrinal method of research, which involves analyzing of primary and secondary data. It is now certain by this paper and of course the law in Nigeria, that any spouse who is found guilty of having sexual intercourse with the wife, in other words, rape, must be convicted for the said offence. The provision of section 36(12) of the 1999 constitution of Nigeria2 as amended will not aid such a person, being that the offence of spousal rape is now a crime in Nigeria. In the final analysis, this paper made recommendations with regards to spousal rape in Nigeria and the way forward.