Critical Appraisal of the Concept of Marital Rape Exemption Under the Law in Nigeria

Abstract

In relation to rape, people need to be protected from the unwanted sexual activity which infringes their right to bodily integrity and sexual autonomy regardless of who the perpetrator is. Rape is the most heinous and grievous of all sexual assaults against a person. It affects the entirety of the victim with its effects being multifarious i.e. physical, emotional and psychological. Rape within marriage is not recognized under the law on rape in Nigeria but there are certain sexual relations that occur between married couples in coercive circumstances and in other contexts that may fit into the class recognized as rape. Law should protect all and sundry against victimization of any kind regardless of who the perpetrator is. This paper looks at the origin of marital rape exemption, the various justifications for the exemption and the concept of marital rape exemption in the rape law in Nigeria as a gender issue. It also discusses the reality of marital rape in Nigeria and concludes that the law in Nigeria should recognize that rape can occur within marriage.