A CASE FOR THE CRIMINALIZATION OF SPOUSAL RAPE IN NIGERIA

Abstract

Spousal rape (with emphasis on wife rape) in marriage is non- consensual sex (ie, rape) in which the perpetrator is the victim’s spouse. It is a form of domestic violence and once widely condoned or ignored by law and society, violates human right. The reasons for the reluctance by many countries (including Nigeria), not to criminalize and prosecute spousal has been attributed to either non inclusion of its definition in its laws, or on how it is viewed traditionally, or on how religious doctrines interpreted it. In the findings of this research work, it was discovered that only very few foreign jurisdictions has allowed the prosecution of rape within marriage since 1970s till date. Spousal rape laws in many countries (Nigeria inclusive) are rarely enforced, due to factors ranging from reluctance of authorities to pursue the crime, to lack of public knowledge that forced sexual intercourse in marriage is illegal. The definition of rape in our Criminal Code Act and Penal Code exempted spousal rape as a crime. What ignited this research topic, geared from the researcher’s contact with spousal rape victims in Enugu State Citizens’ Rights and Mediation Centre, Ministry of Justice Enugu. In order to achieve the aim and objectives of this research study, there is an urgent need for the amendment of sections 6, 282, and 357 of Nigerian Criminal and Penal Codes to include spousal rape in its definition of rape. In order to aid this amendment, the researcher compared three key countries like the United Kingdom, United States and Kenya to see how they have pushed in the criminalisation of spousal rape. The doctrinal method of research was adopted. The research study is laid out in five chapters. The researcher recommended the strengthening of our legal and institutional framework to meet up with modern acceptable definition of rape to include spousal rape in the definition of rape in Nigerian Criminal and Penal Codes so as to aid its criminalization.