MARITAL RAPE AND GENDER-BASED VIOLENCE IN NIGERIA: INTERROGATING THE ADEQUACY OF CRIMINAL LAW AND THE IMPERATIVE FOR REFORM
Of all the types of violence against women, none is as obnoxious as rape. Rape remains a contentious issue in Nigerian criminal jurisprudence, raising fundamental questions about the adequacy of existing legal protection against sexual and gender based violence. The aim of the paper is to critically examine the legal framework governing marital rape and gender-based violence in Nigeria, with a view to assessing the adequacy of criminal law, identifying legal and institutional gaps in the protection of married women against non-consensual sexual intercourse and proposing reforms necessary to ensure consistency with the constitutional guarantees of human dignity, equality and fundamental rights, as well as Nigeria’s applicable international human rights obligations. Adopting a doctrinal research methodology, the article examines the provisions of the Criminal code Act, the Penal code Act, the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and applicable international and regional human rights instruments. The paper argues that Nigerian criminal law does not provide adequate and consistent protection against marital rape because certain statutory provisions continue to recognize an exception for sexual intercourse within the marriage. The paper further argues that marriage should not constitute a defence to rape and that the criminal law must protect married women against non-consensual sexual intercourse on the same basis as other persons. The paper finds that the Nigerian legal framework is fragmented and inadequate in its treatment of marital rape. It recommends amongst others that the National Assembly and relevant state legislature should amend applicable criminal legislation to remove marital exceptions and expressly recognize that marriage does not constitute to consent to sexual intercourse. It concludes that the continued recognition of marital exceptions to rape undermines the effectiveness of criminal law as an instrument for promoting women against gender based violence.
Keywords: Marital rape, gender-based violence, human dignity, legislative reform, Nigerian Criminal Law
