Legal ambiguities, deep-rooted cultural norms, and social stigma have been identified by legal and forensic experts as major reasons behind the low reporting and prosecution of marital rape cases in Nigeria. Despite the growing campaigns against gender-based violence and increasing public discourse on sexual abuse, experts say the issue of rape within marriage remains largely unspoken and misunderstood in Nigerian society.
At a virtual knowledge-sharing session held over the weekend, President of the Association of Forensic Sciences and Expert Witnesses in Nigeria (AFSEW), Dr. Abiodun Osiyemi, decried the legal and societal hurdles that prevent victims of spousal rape from seeking justice. According to him, although the Violence Against Persons (Prohibition) Act of 2015 explicitly recognises that rape can occur within marriage, the implementation remains weak due to prevailing societal attitudes and legal misconceptions.
Dr. Osiyemi, who also serves as the CEO and Legal Medicine Consultant at Oxford Health Consultants, Lagos, stated that most Nigerians still believe marriage comes with automatic sexual consent, and this perception influences the way law enforcement agents handle such cases. He explained that many police officers, and even some healthcare professionals, struggle to understand that a woman has the legal right to withdraw consent for sex at any point, regardless of her marital status.
He said, “Apart from the VAPP Act, there has been no clear legal pathway that holds men accountable for sexual violence against their wives. I’ve visited police stations on cases involving intimate partner violence, and many officers find it inconceivable that a man could be accused of raping his wife. It’s not just ignorance—it’s a cultural mindset that denies the possibility of marital rape.”
Dr. Osiyemi further noted that the failure of victims to come forward is not just due to fear or shame, but also because they believe they won’t be believed or supported. He stressed that even when cases are reported, they are often trivialised or dismissed as mere domestic disputes, rather than recognised as serious violations of bodily autonomy and human rights.
He remarked, “Many women who experience sexual violence within marriage do not see the legal system as a safe or effective recourse. Even among educated women, the idea that they have a legal right to say ‘no’ to their husbands is not widely accepted. Without proper legal interpretation and public awareness, the VAPP Act remains underutilised.”
In her contribution, legal practitioner Olubunmi Fagbayi emphasised that marriage does not nullify a woman’s right to control over her body. She asserted that sexual relations in any union must be based on mutual agreement, not pressure or force.
Fagbayi stated, “Consent is a fundamental human right. It is not transferable, nor is it permanent. A woman can revoke it at any time, even in the middle of an act. Once that consent is withdrawn and the act continues, it becomes rape, regardless of marital status.”
She added that Nigerian society must move beyond the outdated belief that marriage is a blanket license for sexual access. According to her, redefining consent and recognising marital rape as a criminal offence is crucial to protecting women’s rights and dignity.
Although the VAPP Act offers legal backing for the prosecution of marital rape in states where it has been domesticated, enforcement remains inconsistent. Experts argue that without proper training for police officers, sensitisation of the public, and political will, the law will remain a toothless document.
Dr. Osiyemi called for urgent reforms in the justice system, continuous education of law enforcement personnel, and broader public enlightenment to ensure that victims of marital rape are not only heard but also protected under the law.
As the conversation around sexual and gender-based violence continues to gain traction, advocates say Nigeria must confront its societal biases and update its legal system to reflect the realities of modern relationships—where consent remains a choice, not an obligation.
