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ABSTRACT
The concept of rape has continued to morph over the ages, from jurisdiction to jurisdiction. This transition has been brought about by the actions of the courts and through legislation in England and more recently, by feminist movements in the United States. While some of the new forms of the offence rape may appear unconvincing, the recent trend of criminalizing marital rape could be justified because women have been subjected to different forms of violence both in the society and even in their homes. A more devastating though less common assault on women is rape by the husband. Marital Rape is the term used to describe sexual acts committed without a wife’s consent and/or against her will by the woman’s husband. He may use physical force, threats of force to her or another person, or implied harm based on prior assaults, causing the woman to fear that physical force will be used if she resists. It is any unwanted sexual intercourse or penetration obtained by force, threat of force, or when the wife does not consent. By marriage, the wife is said to give unlimited consent to intercourse with the husband. The reality however is that, marital rape cases harm to the woman, constituting a serious problem in Nigeria and other societies, where husbands are still protected from prosecution by marital rape exemption. In the light if the above, this study therefore examines the myth and realities as well as the legal issues in marital rape in Nigeria. It recommends, inter alia, that criminalisation of marital rape is wholly necessary. It suggests amendments to Nigeria criminal law to conform to the prevailing trend.
