AN ANALYSIS OF THE LAWS ON MARITAL RAPE: A CASE STUDY OF SELECTED JURISDICTIONS AND LESSONS FOR NIGERIA

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ABSTRACT

This research analyzes the legal framework on marital rape in Nigeria . The issue of marital rape is a serious challenge in Nigeria due to the increasing and continuous rate of the menace, making it a cause of concern for Government, Non-Governmental Organizations, and citizens to put forward measures to curb this menace. This research archives it’s analysis through a critical look at literature works where experts discuss the subject matter extensively. This research adopts the doctrinal approach and examines the various statutory provisions in Nigeria in regards to marital rape as a means of analyzing the present stand in the country. This research further interrogates the existing legal framework and discovers that there are gaps existing in the current framework. This research reveals the challenges that are being faced in the criminalization of marital rape in Nigeria and also the reasons for said challenges. This research also examines the stand of other jurisdictions like the United Kingdom, California, and South Africa on marital rape. It finds that the criminalization of marital rape in these countries has been positively effective since its implementation. This research further articulates the international obligation of Nigeria towards marital rape. Based on the findings  it therefore recommends that there should be review of the current laws on rape and that a multi- dimensional approach should be adopted which includes but not limited to the health sectors, government, mass media, and the community  and concludes that marital rape should be criminalized.

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