By Onyeche Igwe
Marital rape can be defined as the act of having sexual intercourse with one’s spouse without the consent of the spouse or where the consent was acquired forcefully.
As with other forms of rape, the major ingredient is the absence of consent or consent would have to have been acquired through force or violence or the threat of such.
Marital rape is not an offence in Nigeria.
A husband cannot rape his wife. It is assumed that the wife gives implied general consent to sexual intercourse with her husband upon entering the marriage contract.
But the husband who commits the act of rape can not be charged for rape, but he can be charged for Indecent Assault
