Marital Rape: Evolving Trends and the Way Forward

Abstract

Marital rape is a term used to describe sexual acts committed without consent, or against the will of a party, where the perpetrator is the victim’s spouse. This may include, the use of physical force, threats of force or implied harm based on prior assaults, causing the victim to fear that physical force will be used if he/she resists. Though males may also be victims of marital rape, this work focuses on women as victims because the rape definitions found in statutes identifies them as such. It is also argued that a woman’s physical, economic and social position places her at a disadvantage. Most times, the marriage rapist is not necessarily a crazed sex fiend, but one who seeks to use sex as a means of asserting or validating his masculine identity. The victims of marital rape suffer both short and long term consequences, ranging from humiliation, fear, guilt, depression, injuries and broken bones. This work argues for the expunging of marital rape exemption from Nigeria’s laws. This is premised on the fact that the law does not contain a comprehensive position for the protection of married women. It is somewhat general and inadvertently encourages the perpetration of domestic violence against women. This exemption violates the woman’s right to her reproductive system, abuses her psychological, emotional and physical health, and also fundamentally infringes on her right to non-discrimination and dignity of her person.